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CITY OF SAN BERIL-4RDINO - REQUEST .. ~R COUNCIL ACTION
From:
Larry E. Reed, Director
Planning, Building and Safety
Planning, Building and Safety
Subject:
Contractual Services Resolution
Design Review Services
Dept:
Date: December 12, 1989
Mayor and Council Meeting of
January 8, 1990, 2:00 p.m.
Synopsis of Previous Council action:
On November 20, 1989, the Council continued the decision
on the contract until January 8, 1990, so that staff
could provide guidelines for when the design review
could be used, and what the standards of review would
be.
Recommended motion:
Adopt Resolution.
vi ~//
~ L. ~/
Larry/ ~. Reed Signature
Direcl(or
Contact person: Larry E. Reed
(714) 384-5057
Phone:
Supporting data attached:
Staff report and Resolution
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Anpnrl~ Itpm Nn ~
CITY OF SAN BERN "RDINO - REQUEST F"R COUNCIL ACTION
STAFF REPORT
SUBJECT: RESOLUTION FOR CONTRACTUAL SERVICES
FOR DESIGN REVIEW SERVICES
MAYOR AND COUNCIL MEETING OF JANUARY 8, 1990
REOUEST
The Department of Planning
requesting Council to adopt
use a private consulting firm
services.
and Building and Safety is
a resolution allowing staff to
for architectural design review
BACKGROUND
On November 21, 1989, the Council continued the decision on
the contract until January 8, 1990, so that staff could
provide guidelines for when this review service could be used
by the Director, and what the standards of review would be.
In an effort to satisfy that concern staff has developed the
following thresholds of project review and listed the major
policies relating to urban design standards.
The minimum thresholds of project review that the Director
could require this review service for are as follows:
Residential
a. Single family projects of 10 lots or more
b. Multi-family project of 10 units or more
c. All mobile home parks
d. All historic renovations
Commercial
a. Structures larger than 5,000 square feet
b. sites larger than 30,000 square feet
c. Any project (including rehabilitation) in the Main
Street Project Area
Industrial
a. Structures larger than 10,000 square feet or with more
than 2 tenants
b. sites larger than one acre
75-0264
city of San Bernardino
Mayor and council Meeting of January 8, 1990
Page 2
The present major policies of design review are as follows:
The Verdemont Standards on pages 95-15 or section V of
the Verdemont Area Plan.
The Main Street Design Guidelines Manual.
The standards contained
ordinances of the city.
in zoning and subdivision
The following Design and Development Guideline policies
of the General Plan adopted June 2, 1989 (200 policies):
1.7.6-8
1.12.30-34
1.17.30-38
1.22.30-33
1. 27.30-33
1.32.30-32
1. 37.30-31
5.3.1-13
1. 8.30-35
1.13.30-41
1.18.30-31
1. 23.30-33
1. 28.30-35
1. 33.30-31
1. 39.30-31
5.4.1-15
1. 9.30-32
1.14.30-41
1.19.30-35
1. 24.30-36
1. 29.30-32
1.34.30-32
1.40.30-31
5.5.1-7
1.10.30-32
1.15.30-37
1.20.30-34
1.25.30-35
1.30.30-31
1.35.30-31
5.1.1-7
5.6.1-5
1.11. 30-32
1.16.30-34
1. 21. 30-33
1.26.30-34
1. 31. 30-34
1.36.30
5.2.1-4
This additional design review is imperative to improve the quality
of projects built within the city. This review, done as a semi-
formalized component of the existing Development Review Committee,
is an alternative to setting up a formal Architectural Review
Committee. It is an effort to provide this type of review without
adding an additional step or additional time to the review process.
The process would be as follows:
1. Project submitted with all fees paid, except the urban design
review fee.
2. During the completeness review, the project would be reviewed
to see if the threshold of review is achieved. If achieved,
and after review and concurrence by the Director, the
applicant would be informed of the required design review and
fee.
3. The project would then be sent to the consultant firm for
review. Comments would be sent back, and if determined to be
necessary, the consultant would be present at the Development
Review Committee to discuss the project with the Committee,
Planner and applicant.
city of San Bernardino
Mayor and Council Meeting of January 8, 1990
Page 3
It is thought that this process could all be done within the
present timeframes of project review and approval.
RECOMMENDATION
Staff recommendation is to
agreement with Urban Design
architectural design services
authorize the Mayor to
Studio for the purpose
to the city.
execute an
of providing
prepared by: John E. Montgomery
Principal Planner
Attachment A- Resolution for Contractual Services with Urban
Design Studio, Inc..
PCAGENDA:DESIGNREV.MCC
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH URBAN DESIGN STUDIO FOR URBAN
3 DESIGN REVIEW SERVICES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1. The Mayor is hereby authorized and directed to
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execute on behalf of said City an Agreement with Urban Design
Studio, for urban design review services, a copy of said
agreement is attached hereto, marked Exhi bi t "A", and
9
incorporated herein by reference as fully as though set forth at
length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
17
Bernardino at a
meeting thereof, held on the
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day of
, 1990, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
20
ESTRADA
21 REILLY
FLORES
22 MAUDSLEY
MINOR
23 POPE-LUDLAM
MILLER
24
25 City Clerk
26 / / / /
27 / / / /
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December 21, 1989
1
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URBAN
DESIGN S'l'UDIO FOR URBAN DESIGN REVIEW SERVICES.
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The foregoing resolution is hereby approved this
day
4
of
, 1990.
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6
W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
10 City Attorney
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BYT7
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ij(/Vt'h'-<'"""
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December 21, 1989
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1
AGREEMENT
2
(Design Review Services)
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4
THIS AGREEMENT is made and entered into this
day of
, 1989, by and between the CITY OF SAN BERNARDINO,
5
a municipal corporation, hereinafter referred to as "City" and
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URBAN DESIGN STUDIO, a California corporation with offices at 446
7
North Newport Boulevard, Suite 202, Newport Beach, California
8
92663 hereinafter referred to as "Consultant".
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WIT N E SSE T H:
WHEREAS, Consultant represents that he has that degree of
specialized expertise contemplated for urban design review of
development projects applied for with the City of San Bernardino
and holds all necessary licenses therefor to practice and perform
the services herein contemplated; and
WHEREAS, no official or employee of City has a financial
interest in the subject matter of this agreement contemplated
within; and
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WHEREAS, Consultant declares that he shall perform the
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services herein contemplated in compliance with Federal and
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California laws, including but not limited to minimum hours and
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wages, fair employment, and occupational safety and health, to
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the extent same are applicable herein; and
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WHEREAS, the parties hereto intend to set forth all their
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rights, duties, obligations and liabilities with respect to the
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work, project or activity contemplated herein and services to be
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performed by Consultant thereunder.
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NOW, THEREFORE, in consideration of the mutual promises of
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November 9, 1989
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1 the parties, and other good and sufficient consideration, the
2 parties agree to the following terms, conditions and covenants:
3 City does hereby appoint Consultant in a contractual
4 capacity to perform the following services in accordance with the
5 terms and conditions hereinafter set forth:
6
1.
URBAN DESIGN REVIEW SERVICES.
7
Consultant shall, at the request of the City Planning
8 Director, examine development projects and applications for
9 development permits and subdivision maps for compliance with the
10 City's development regulations and sound urban design principals
11 falling within the purview of the Planning Department. City may
12 at its sole unrestricted option, use its own employees and/or
13 other independent contractors to perform work, including work for
14
which Consultant is herein appointed.
Pertinent City policies
15
and regulations will be provided by the City.
Consultant shall
16 report his recommendations on each project to the Planning
17 Director.
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2.
COLLECTlON OF FEES.
19 All fees to be collected from any applicant in connection
20 with the carrying out of the functions as set forth in this
21 agreement shall be collected by City.
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3.
COMPENSATION OF CONSULTANT.
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a.
Consultant shall be compensated in an amount equal to
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SIXTY DOLLARS ($60.00) per hour of actual time spent
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reviewing projects submitted for Urban Design Review.
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b.
Consultant shall invoice City monthly for services
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rendered on a per project basis and City shall pay
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November 9, 1989
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Consultant upon determining adequate deposit of monies with
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the City for such urban design review by the applicant.
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4.
TERMINATION.
4 The City or Consultant may terminate this Agreement for any
5 reason at any time by mailing by certified mail thirty (30) days
6 prior written notice of termination to the other party. In this
7 event, the Consultant shall be paid the reasonable value of
8
services rendered to the date of termination.
In the event of
9 any such termination, Consultant shall provide to City, without
10 charge, all documents, notes, maps, reports and data accumulated
11 to the date of such termination. Consultant further covenants to
12 give its good-faith cooperation in the transfer of the work to
13 the City or to any other consultant designated by City following
14 such termination, and to attend and participate in any meetings
15 at no cost to City as shall be deemed necessary by the Planning
16 Director to effectively accomplish such transfer.
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5.
WARRANTY.
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Consultant expressly warrants that its work will be
19 performed with care, skill, reasonable expedi ence, and
20 faithfulness and that work performed shall be fit and proper for
21 its intended use.
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6.
INDEMNIFICATION.
23 Consultant agrees to indemnify, defend, and hold harmless
24 City, its agents, officers and employees from and against any and
25 all liability, expense and claims for damages of any nature
26 whatsoever, including, but not limited to, bodily injury, death,
27 personal injury, or property damages arising from or connected
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November 9, 1989
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1 with Consultant's operations, or its performance under this
2 Agreement.
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INSURANCE.
7.
4
Without limiting Consultant's indemnification of City as
5 stated in Paragraph 9, above, Consultant shall provide and
6 maintain at its own expense during the term of this Agreement the
7 following policy or policies of insurance covering its
8 performance under this Agreement:
9
a. General Liability and Professional Liability: Such
insurance shall include, but not be limited to,
comprehensive general liability and professional liability
coverages with a combined single limit of not less than
Five Hundred Thousand Dollars ($500,000) per occurrence.
Such insurance shall name the City of San Bernardino as an
additional insured.
b. Workers' Compensation:
Consultant shall cover its
employees with Workers' Compensation insurance in an amount
and form to meet all applicable requirements of the Labor
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Code of the state of California.
PROHIBITION AGAINST TRANSFERS.
8.
a. Consultant shall not assign, sublease, or transfer
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this Agreement or any interest therein directly or
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indirectly, by operation of law or otherwise without the
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prior written consent of the City.
Any attempt to do so
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without said consent shall be null and void, and any
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assignee, sublessee, or transferee shall acquire no right
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or interest by reason of such attempted assignment, lease
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November 9, 1989
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or transfer.
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b. The sale, assignment, transfer or other disposition
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of any of the issued and outstanding capital stock of
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Consultant, or of the interest of any general partner or
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joint venturer or syndicate member or co-tenant of
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Consu1t~nt which is an action resulting in changing the
7
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control of Consultant, shall be construed as an assignment
of this Agreement.
Control means fifty (50%) percent or
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more of the voting power of the corporation.
9.
ANTI-DISCRIMINATION.
Consultant certifies and agrees that all persons employed
12 by Consultant, its affiliates, subsidiaries or holding companies
13 are and will be treated equally by Consultant without regard to
14 or because of race, religion, ancestry, national origin, or sex
15 and in compliance 'with State and Federal Anti-Discrimination
16 laws. Consultant further certifies and agrees that it will deal
17 with its Subcontractors, Bidders and Vendors without regard to or
18 because of race, religion, ancestry, national origin or sex.
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10.
RELATIONSHIP OF PARTIES.
Consultant is acting as an independent contractor, and not
22 services pursuant to the provisions of this Agreement, Consultant
as an employee of the City.
In the performance of personal
23 shall not be supervised, directed, or under the control or
24 authority of any City officer or employee, except and to the
25 extent as may be expressly or implicitly required by the terms
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and provisions of this Agreement.
Any direction or control so
27 required under this Agreement shall be limited to broad
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November 9, 1989
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1 objectives or goals of the project or program to be accomplished
2 and not to the details and procedures to accomplish such
3
objectives and goals.
Consultant shall not be obligated to
4 conform to the supervision or direction of City officers or
5
employees which are not authorized herein.
Changes or
6 modifications of said objectives and goals may be made by written
7 recommendations of either party subject to the concurrence of the
8 other party in writing.
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11.
CONFLICT OF INTEREST.
a. The Consultant or its employees may be subject to
the provisions of the California Political Reform Act of
1974 (the Act), which (1) requires such persons to disclose
financial interests that may foreseeab1y be materially
affected by the work performed under this Agreement, and
(2) prohibits such persons from making or participating in
making decisions that will foreseeab1y financially affect
such interests.
b. Consultant shall conform to all requirements of the
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Act. Failure to do so constitutes a material breach and is
grounds for termination of this agreement by the City.
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c. Consultant agrees that during the term of this
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agreement, he shall not enter into any contract for work to
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be performed within the City of San Bernardino with private
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parties who may foreseeab1y be materially affected by the
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work to be performed under this agreement.
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d.
Consultant agrees that he shall comply with all
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other applicable conflict of interest laws, including
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November 9, 1989
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local, state, federal, and common law.
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12.
INSPECTION.
3
The City, in reference to any request for payment submitted
4 by the Consultant for services under this Agreement, shall have
5 the right to examine and audit the records of the Consultant
6 pertaining to this Agreement, to verify such payment.
7
13.
AUTHORITY.
8 Each of the parties to this Agreement represents that the
9 person signing on behalf of such party has authority to do so.
14.
CONSULTANT TO ABIDE BY LAWS.
11 Consultant is required to abide by all Federal, state and
12 Local law applicable to its performance under this Agreement.
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15.
NOTICES.
14 Any notice required or desired to be given pursuant to this
15 Agreement shall be given in writing, and sent by certified mail,
16 return receipt requested, addressed as follows:
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Consultant
17
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Director of Planning
City of San Bernardino
300 North "0" Street
Third Floor
San Bernardino, CA. 92418
Urban Design Studio
446 North Newport Boulevard
Suite 202
Newport Beach, CA 92663
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Any notice so given shall be considered served on the other
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party three days after date of mailing.
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The address for notice may be changed by giving notice
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pursuant to this paragraph.
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16. ENTIRE AGREEMENT.
This contract constitutes the entire Agreement between City
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and Consultant and may be modified only by further written
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November 9, 1989
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1 agreement between the parties.
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IMPLEMENTATION.
17.
3
The City shall provide Consultant with written notice in
4 advance of the date at which these services are to be
5 implemented.
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ATTORNEY'S FEES.
18.
7 In the event that an action is filed by either party to
8 enforce rights under this agreement, the prevailing party shall
9 be entitled to recover reasonable attorney's fees in addition to
10 any other relief granted by the court.
11 IN WITNESS WHEREOF, the City Council of the City of San
12 Bernardino has caused this Agreement to be subscribed by the
13 Mayor, and the seal of said Council to be hereto affixed and
14 attested by the Clerk thereof, and Consultant has executed this
15 Agreement, the day, month and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W.R. HOLCOMB, Mayor
URBAN DESIGN STUDIO
By:
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Approved as to form
and legal content:
24
James F. Penman,
City Attorney
By: aa/1"'-:? ' J, A'V<'1A~
(J
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November 9, 1989
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