HomeMy WebLinkAboutMinutes - 04-25-95 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
APRIL 25, 1995
T A B L E O F MINUTE ACT I
0 N S
SUBJECT ACTION PAGE N0.
Proclamation re Hire A Veteran Week 1
Certificate of Appointment to Mike Flores - Library
Advisory Board, District 2 1
Presentation by Downey Veterans of Foreign Wars
Post #2325 honoring Downey Police and Fire Employees 1
Presentation of 10851 Award by Automobile Club of
Southern California & California Highway Patrol
representatives to Downey Police Officers 1
Items removed from Consent Calendar 2
Council Minutes: Adj. & Regular Meetings, 4/11/95 Approved 2
Cash Contract #S. S.465, Part I-Handicapped Ramps/
Pedestrian Improvements, Part II-Parking Lot Recon-
struction Fire Station #2: Appropriate funds to
include Part I I of contract; approve low bidder's
request to withdraw bid; award contract to E.C.
Construction for $100,115.80 Approved 2
Warrants Issued: #109688 - 110073 Approved 2
Water Transmission Mains at various locations in
City (Cash Contract #600) : Authorize Mayor to
execute agreement with Bei n , Frost & Associates for
consulting services not to exceed $109,976 for
preparation of plans and specs Approved 2
Water Distribution Mains at various locations in
City (Cash Contract #601) : Authorize Mayor to
execute agreement with A.S.L. Consulting Engineers
for consulting services not to exceed $42,000 for
preparation of plans and specs Approved 2
Res. #5872, adopting Mortgage Credit Certificate
Program in cooperation with L.A. County Adopted 2
Ord. #998, apvg. Zone Change #94 -64, southeast corner
of Firestone Blvd. & Patton Rd. Adopted 3
Ord. #999, apvg. Zone Change #95 -08, 9610 Washburn Rd. Adopted 3
Page 1 of 3
COUNCIL MINUTES, APRIL 25, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE N0.
Ord. amending Downey Municipal Code re Miscellaneous
Parking Regulations relating to Commercial Vehicles Introduced as amended 5
Lennie Whittington presented statistical report
on Closed Session meetings 6
Lee Cook thanked Police Dept. for its assistance
in solving traffic problems on Little Lake Rd. &
Wilderness Park 6
Urgency Ord. #1000, enacting for 45 days in accordance
with Government Code Section 65858 a moratorium on
adult uses and an exception process allowing applica-
tions for exceptions as to adult uses within the City,
declaring the urgency thereof, and for other purposes Adopted 6
Consideration of MTA Bus Pass Subsidy Received /Filed 7
Res. #5873, adopting new class specifications &
establishing salary ranges for Dispatch Systems
Manager and Dispatch Supervisor Adopted 7
Ms. Kane discussed recent changes to Brown Act 7
Cn. McCaughan cited complaints about vehicles using
Furman Park parking lot to bypass construction area
on Rives Ave. 7
Cn. McCaughan rebutted misconceptions re his actions
as Council Member 7
Cn. McCaughan re importance of democracy & civics
lessons in view of recent Oklahoma City disaster 7
Cn. Lawrence commented on tragedy in Oklahoma City &
incorrect perception people have about elected officials 8
Cn. Lawrence discussed Code Enforcement priorities 8
Cn. Lawrence noted ' local newspaper ,A
publisher to ntenaL=4 discuss Brown Act and ear,
not occurred 8
.. - /.- e;eP'' :
Cn. Lawrence pp
expressed appreciation to Fire Dept. 8
P
Cn. Boggs requested report on making parents liable for
graffiti offenses committed by their children Referred to staff 8
Page 2 of 3
COUNCIL MINUTES, APRIL 25, 1995
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. Boggs requested review of remaining Charter
revisions at a future meeting Referred to staff 8
Cn. Boggs commented on public forum held by Congressman
gg p y ressman g
Horn re fl oodpl ain issue 8
Mr. Caton re his work done on LACDA Project & thanked
public for its support; will now focus on retaining
Rockwell in City 8
Cn. Boggs advised she has never attended an improper
Closed Session meeting in her 11 years of service on
the Council 8
Recess to Closed Session 8
Adjourned to 6:30 p.m., May 9, 1995 8
Page 3 of 3
L.
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOW NE Y
APRIL 25, 1995
The City Council of the City of Downey held a regular meeting at 7:40 p.m.,
April 25, 1995, in the Council Chamber of the Downey City Hall , Mayor Barbara J.
Riley presiding.
PRESENT: Council Members:
Barbara J. Riley, Mayor
Gary P. McCaughan, M.D., Mayor Pro Tem
Joyce L. Lawrence
Robert S. Brazelton
Diane P. Boggs
ALSO PRESENT: Gerald M. Caton, City Manager
Cheryl J. Kane, City Attorney
Judith McDonnell, City Clerk
Lee Powell , Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
Jim Jarrett, Director of Community Services
Art Rangel, Dir. of Economic & Community Development
Richard Redmayne, Director of Public Works
Ron Yoshi ki , Asst. Community Dev. Director /City Planner
John Finch, Police Captain
Mike Miller, Police Captain
Robert Brace, City Engineer
Bob Gallagher, Building Official
Victoria Jenkins, City Librarian
Ed V el a sco , Housing Manager
C i n d i Lee, Executive Secretary ---
PRESENTATIONS
Mayor Riley presented a Proclamation declaring May 7 -13, 1995 as "Hire A
Veteran Week" to Mr. Jess Ramirez, representing the Norwalk State Employment
Office.
Mayor Riley presented a Certificate of Appointment to Mr. Mike Flores -
Library Advisory Board, District 2.
Mr. Fred Lieneke, Commander of Downey Post No. 2325, Veterans of Foreign
Wars, presented Certificates of Appreciation to Firefighter /Paramedic Darren Moon,
Police Sergeant Maurice Ripperger, and Police Officer Anthony Bauer, for their
outstanding service to the community.
Mr. Robert Schwab, Manager of the Automobile Club of Southern California,
Downey office, and Mr. Dave Robinson, representing the California Highway Patrol,
presented 10851 awards to Police Officers Anthony Bauer, Jason Huntsinger, Ed
Kelly, and John Meno for their efforts in recovering stolen vehicles. Officer Dan
Ponder will be sent his 10851 award, as he was unable to attend the meeting.
Council Minutes 4/25/95 -1-
4
HEARINGS: None.
CONSENT CALENDAR - ITEMS FOR REMOVAL
Council requested re
Member Boggs uested removal from the Consent Calendar of Agenda
Item VI - F - 2, RESOLUTION ADOPTING NEW CLASS SPECIFICATIONS AND ESTABLISHING SALARY
RANGES FOR DISPATCH SYSTEMS MANAGER AND DISPATCH SUPERVISOR.
CONSENT CALENDAR
It was moved by Council Member Lawrence, seconded by Council Member Boggs,
and unanimously carried to waive further reading of the Resolutions and approve
the remainder of the Consent Calendar as recommended:
• APRIL 11, 1995: Approve.
MINUTES: ADJOURNED AND REGULAR MEETINGS, pp rove.
CASH CONTRACT NO. S.S. 465, PART I - HANDICAPPED RAMPS /PEDESTRIAN IMPROVE-
MENTS, PART I I - PARKING LOT RECONSTRUCTION FIRE STATION NO. 2: Appropriate
additional Community Development Block Grant funds in the amount of $2,000 and
$2,000 in Capital Projects Funds in order to include Part I I in the subject
contract; approve the low bidder's (Dave's Cement Work) request to withdraw his
bid; and award a unit price contract for both Part I and I I , totaling $100,115.80
to E.C. Construction (Account Nos. 25- 13936, 26- 16463, 26 -16465 and 28- 13913) :
Approve.
WARRANTS ISSUED: NO. 109688 - 110073, $1,699,075.83: Approve.
WATER TRANSMISSION MAINS AT VARIOUS LOCATIONS IN CITY (CASH CONTRACT W.
600) : Authorize Mayor to execute an agreement with Robert Bei n , William Frost and
Associates for consulting services to prepare plans and specifications for the
construction of various water transmission mains in Paramount Boulevard, Telegraph
Road, and Lakewood Boulevard, in an amount not to exceed $109,976: Approve.
WATER DISTRIBUTION MAINS AT VARIOUS LOCATIONS IN CITY (CASH CONTRACT NO.
601): Authorize Mayor to execute an agreement with A.S.L. Consulting Engineers
for consulting services to prepare plans and specifications for the construction
of 12" water distribution mains at various locations, in an amount not to exceed
$42,000: Approve.
RESOLUTION NO. 5872 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION
WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO
THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1995, 1996 OR
IN 1997 FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT
CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY
OF LOS ANGELES
Council Minutes 4 /25/95 -2-
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ORDINANCES NOT SET FORTH ABOVE
ORDINANCE NO. 998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 94-64, A CHANGE OF ZONE FOR THE
PROPERTIES AT THE SOUTHEAST CORNER OF FIRESTONE BOULEVARD AND
PATTON ROAD FROM THE CENTRAL BUSINESS DISTRICT ZONE (C -3 ZONE) AND
LIGHT MANUFACTURING ZONE (M-.1 ZONE) TO THE GENERAL COMMERCIAL ZONE
(C -2 ZONE) , AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF DOWNEY
The Ordinance was read by title only. It was moved by Council Member Boggs, --- seconded by Council Member McCaughan, and unanimously carried to waive further
reading and adopt.
ORDINANCE NO. 999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING ZONE CHANGE NO. 95 -08 AMENDING THE CITY OF DOWNY' S
OFFICIAL ZONING MAP, CHANGING A ZONING DESIGNATION FROM
PB (PARKING BUFFER) AND M -1 (LIGHT MANUFACTURING) TO C -1
(NEIGHBORHOOD COMMERCIAL) FOR A PROPERTY LOCATED AT
9610 WASHBURN ROAD
The Ordinance was read by title only. It was moved by Council Member
Lawrence, seconded by Council Member Boggs, and unanimously carried to waive
further reading and adopt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING DOWNEY MUNICIPAL CODE SECTION 3185 - MISCELLANEOUS
PARKING REGULATIONS, SPECIFICALLY AS IT RELATES TO COMMERCIAL VEHICLES
Chief Caldwell summarized the staff report, noting the Ordinance does not
affect motorhomes not for hire. After receiving public input and Council
direction, staff has returned with two alternatives of the Ordinance for
consideration. He discussed the differences between Options 1 and 2, noting the
second option is similar to the current Code regarding commercial vehicles. He
explained the intent of the Ordinance is to address the problem of parking large,
commercial vehicles in areas adjacent to residential properties, and alleviate
roadway damage resulting from the heavy weight of trucks. He stressed that
enforcement of the Ordinance would be reactive to complaints, instead of proactive
efforts of officers specifically looking for offenders.
Council Member Lawrence mentioned the intent of the Ordinance is to address
complaints received concerning large commercial vehicles parked in vacant lots,
giving the appearance of a truck stop near residential areas. She reiterated
Chief Caldwell ' s remarks that the Ordinance does not regulate recreational
vehicles, and noted the current Code is much more strict with commercial vehicles
than the provisions of the proposed Ordinance.
Council Minutes 4/25/95 -3-
Council Member McCaughan han commented on the street signs already posted that
prohibit vehicular weight over 8500 pounds from traveling on certain roads, and
suggested the proposed 10,000 weight limitation be changed to 8500 pounds.
Council Member Brazelton favored Option 1 as having more precise definitions,
but recommended g g
the language ua a in subsection (b) regarding trailers be included in
subsection (a)(3) under definitions of trailer.
Discussion ensued regarding the need to retain the 10,000 pound weight
limitation to include other vehicles that may weigh over 8500 pounds, and
clarification was given to the parking of commercial vehicles in designated
vehicle parking areas at motels or hotels.
Mayor Riley sked if there was anyone present in the audience wishing to
y y
speak regarding the proposed Ordinance.
Mr. David Brown, 10057 Pangborn Rd., agreed the current Code needs to be
updated, but did not favor a weight limitation of 8500 pounds that would exclude
towing vehicles. He also expressed opposition to creating any laws that would be
om
enforced only on a complaint basis.
Mr. Lawrence Price, 8401 6th St., noted the proposed Ordinance is
discriminator y against ainst big rig operators who use large trucks in providing their
l i v l i hood and must park them at their residence.
Mr. Lee Cook, 10935 Little Lake Rd., mentioned he parks his commercial
vehicle at his residence, and would oppose any new law that would not allow him to
park any vehicle on his own property.
Mr. Robert Trousi l , 8535 Lubec St., agreed with the need to maintain the
City's appearance, but expressed concern with infringing on the rights of people
who earn their living with their commercial vehicles, suggesting that 3/4 ton
trucks be excluded from the Ordinance.
Mr. Fernando Wang, 9565 Firestone Blvd., asked for clarification on
subsection (d) regarding parking commercial vehicles at hotel or motel
establishments, and the need for a Conditional Use Permit to approve designated
vehicle parking areas.
Mr. Rangel explained that a Conditional Use Permit would have to be obtained
to approve designated vehicle parking areas at hotel or motel establishments.
Ms. Gloria Shams, 9419 Cecilia St., requested consideration be given to self-
employed people who work on an on -call basis and bring their commercial vehicles
home at night.
Mr. Guy Sterner, 10303 Downey Ave., asked that a definition of recreational
trailer be included in the Ordinance to clarify that regulations would not affect
such vehicles. He expressed concern that although enforcement may start as
reactive to complaints, eventually there may be proactive approach taken to insure
compliance.
Mr. Lloyd Bias, 9250 Priscilla St., questioned whether his dual axle boat
trailer would be affected by the new Ordinance, and was informed that since the
boat trailer is a recreational vehicle, it would not be affected.
Council Minutes 4/25/95 -4!
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Mr. James Mall, 7832 Springer St., voiced dismay that motorhomes are not
directly addressed in the Ordinance to alleviate concerns about future regulations
on recreational vehicles.
Chief Caldwell noted the definition of house cars in subsection (a)(1) is the
same as motorhomes, and indicated the word "( motorhomes)" could be inserted after
"house cars" for further clarification.
Mr. Howard (inaudibie), 7849 Irwingrove St., suggested staff investigate a
recent Supreme Court decision regarding the relationship between the posting of
street signs and enforcement.
Council Member Boggs recommended Ordinance Option 1, retaining the 10,000
weight limitation, and including language that would not require motels or hotels
in operation at this time to obtain a Conditional Use Permit for designated
parking areas.
Council Member Brazel ton agreed with Council Member Boggs' comments regarding
the weight limitation and the hotel /motel parking areas, and noted the definition
of trailer in the Ordinance is sufficient. He suggested consideration of the
Conditional Use Permit process to allow the parking of commercial vehicles meeting
certain criteria in an effort to address those people whose 1 ivl i hood depends on
the use of their vehicle.
Council Member McCaughan voiced concern with excessive width and height of
vehicles for safety reasons; however, he noted that discussions with owners could
address this problem.
The Ordinance was read by title only.
It was the consensus of Council to select Option 1 with the following
amendments: Insert "( motorhomes)" after "house cars," in subsection (a)(1) on page
1; delete "except" under subsection (b), third line on page 2; delete
"recreational trailers" at the end of subsection (a)(3) on page 1; move "trailers
designed and used solely for recreational purposes and trailers with one (1) axle
that are not for hire or for rent and are used by the registered owner for
personal use," to the end of subsection (a)(3) on page 1.
Ms. Kane suggested the following underlined wording be inserted in the last
sentence of subsection (d): "vehicle parking areas for motels and hotels that
first commence oeerati on or change ownership on or after June 11, 1995 shall be
approved by the Planning Commission pursuant to the provision of Section 9166 of
the Downey Municipal Code (Conditional Use Permit) ."
After further discussion, the date of "June 11, 1995" was replaced with "the
effective date of this Section" in the new language proposed for subsection (d).
Mr. Caton suggested the Council direct staff to return with criteria for a
Conditional Use Permit for people whose i ivl i hood is dependent on having their
commercial vehicle at their house.
It was moved by Council Member Lawrence, seconded by Council Member
McCaughan, and unanimously carried to waive further reading and introduce as
amended, and direct staff to return with criteria for granting a Conditional Use
Permit as discussed.
Council Minutes 4/25/95 -5-
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ORAL COMMUNICATIONS
Mr. Lennie Whittington, 8542 Manatee St., presented a statistical report on
Closed Session meetings held by the City Council from September 12, 1989 through
April 25, 1995, including the number of meetings held, items discussed and actions
reported. He noted the Brown Act requires any public announcement to include the
vote on the decision.
Mr. Lee Cook, 10935 Little Lake Rd., expressed appreciation to the Police
Department for its assistance in resolving parking problems on Little Lake Road
and in Wilderness Park.
ORDINANCES NOT SET FORTH ABOVE (Continued)
ORDINANCE NO. 1000
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, ENACTING FOR A PERIOD OF FORTY -FIVE DAYS IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 65858 A MORATORIUM ON ADULT USES AND
AN EXCEPTION PROCESS ALLOWING APPLICATIONS FOR EXCEPTIONS AS TO
ADULT USES WITHIN THE CITY OF DOWNEY, DECLARING THE URGENCY
THEREOF, AND FOR OTHER PURPOSES
Mr. Rangel summarized the staff report, noting the City's Adult Business
Ordinance was adopted 17 years ago and does not adequately address the adult
business industry which has evolved into a variety of activities. Since the City
has received inquiries regarding different types of adult businesses, it is
recommended a moratorium be established to allow staff time to review the impacts
of these types of business activities on the community.
Council Member Lawrence expressed concern with listing "Acupressure" as an
adult use since it is now a widely accepted treatment in the medical community,
and requested further information concerning this use prior to consideration of a
final Ordinance.
The Ordinance was read in its entirety. It was moved by Council Member
Lawrence, seconded by Council Member Brazelton, and unanimously carried to waive
further reading and adopt.
RESOLUTIONS NOT SET FORTH ABOVE: None.
ADMINISTRATIVE REPORTS
CONSIDERATION OF MTA BUS PASS SUBSIDY
Mr. Caton discussed the current charges for MTA bus passes compared to the
cost of a 50% and 100% subsidy, based on categories of individuals who might take
advantage of the subsidized program.
Council Member Lawrence mentioned she requested this information for review
after receiving an inquiry from a citizen about subsidizing MTA bus passes, and
noted her inclination was to offer a possible subsidy for transit-dependent people
only.
Council Minutes 4/25/95 -6-
After brief discussion, it was moved by Council Member Lawrence, seconded by
Council Member Boggs, and so ordered to receive and file.
OTHER BUSINESS - CONSENT CALENDAR: Items Removed by Council Approval
RESOLUTION NO. 5873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNE Y
ADOPTING NEW CLASS SPECIFICATIONS AND ESTABLISHING
SALARY RANGES FOR DISPATCH SYSTEMS MANAGER AND
DISPATCH SUPERVISOR
Council Member Boggs requested a brief staff report.
Chief Irwin explained the inability of the Communications Supervisor position
to effectively address the demanding changes brought on by implementation of the
five cities Computer Aided Dispatch (CAD) System. Staff recommends the City hire
a CAD Systems Manager with programming and technical skills in the hardware area
of computers, which would create a reduction in the overall maintenance contract
of $29,000 annually, including additional savings in upgrade costs. These savings
and the elimination of the Communications Supervisor's position will fund the
positions of CAD Systems Manager and Dispatch Supervisor.
Responding to a question of Council Member Boggs, Mr. Caton noted the
maintenance costs savings would pay for the positions, both of which are needed to
handle records management, dispatch supervision, and the technical computer
operations.
It was moved by Council Member Boggs, seconded by Council Member Lawrence,
and unanimously carried to waive further reading and adopt.
OTHER BUSINESS - COUNCIL MEMBERS
Mayor Riley asked Ms. Kane to comment on recent changes to the Brown Act.
Ms. Kane noted the Brown Act does not require that a public announcement be
made from every Closed Session meeting, unless a final action has been taken
Therefore, many meetings could be held without reaching a final decision,
resulting in no Closed Session actions to report. Prior to April, 1994, only
decisions regarding employees were required to be publicly announced. As part of
the amendments to the Brown Act last year, the categories of labor negotati ons ,
real property negotiations and litigation have been added. The 1 ack of public
announcements during the past five years is indicative of the fact that only
employee appointments or dismissals would have been required to be announced prior
to April , 1994.
Council Member McCaughan cited complaints about vehicles using the Furman
Park parking lot to bypass the construction area on Rives Avenue.
Council Member McCaughan rebutted misconceptions regarding his actions as a
Council Member.
Council Member McCaughan referenced the recent Oklahoma City disaster, noting
the importance of democracy and civics, including the right to disagree and
respect other's opinions, and the right of respect of person and property.
Council Minutes 4/25/95 -7-
v
f ,
Council Member Lawrence concurred with Council Member McCaughan's comments
regarding the tragedy in Oklahoma City and the incorrect perception people have
about elected officials.
Council Member Lawrence discussed Code Enforcement priorities of l i f e safety
issues, severe property deterioration and aesthetics, noting that other matters
are handled on a complaint basis, and thanked Code Enforcement Division for its
work to maintain the neighborhoods of the community.
i
Council Member Lawrence mentioned she ied- a local newspaper publisher
to discuss the Brown Act and - • , however, this
meeting has not occurred.
Council Member Lawrence expressed appreciation to the Fire Department.'
p PP
Council Member Boggs referenced a staff memo regarding Juvenile Court
expanding their authority to adjudicate certain Penal and Municipal Code
violations such as graffiti, curfew, and loitering, and requested a report about
the possibility of making parents more liable for graffiti offenses committed by
their children.
Council Member Boggs requested review of the remainding Charter revisions at
a future meeting.
Council Member Boggs commented on a recent public forum held by Congressman
Horn regarding the floodplain issue, which was not well attended by the public,
and expressed dismay at the vague and evasive comments from FEMA on this matter.
OTHER BUSINESS - Staff Members
Mr. Caton commented on his work with the LACDA project, and thanked the
public for their support. He noted his focus now will be on retaining the
Rockwell facility in the City, and urged a community effort in the future to keep
this company in Downey.
Council Member Boggs mentioned at the end of June, 1995, she will have
completed 11 years of service on the City Council, during which time she has never
attended an improper Closed Session meeting.
Mayor Riley announced the meeting is recessing to Closed Session (9:55 p.m.)
to complete discussion of Items B, C and D (see Minutes of Adjourned Regular
Meeting, April 25, 1995.)
The meeting reconvened at 10:42 p.m. with all Council Members present. There
were no Closed Session actions to report.
ADJOURNMENT: 10:42 p.m.
The meeting was adjourned to 6:30 p.m., May 9, 1995, in the Council Chamber
of Downey City Hall.
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dith E. McDw'nne , City Clerk Barbara J. OTey, May r
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Council Minutes 4/25/95 -8-