City Council Minutes 09/19/2000 RPV, City, Council, Minutes, 2000, Meeting RPV City Council Minutes for the 09/19/2000 Meeting Rancho Palos Verdes City Council Minutes 09-19-00

M I N U T E S

RANCHO PALOS VERDES CITY COUNCIL

REGULAR MEETING

SEPTEMBER 19, 2000

The meeting was called to order at 7:00 P.M. by Mayor Byrd at Fred Hesse Community Park, 29301 Hawthorne Boulevard. After the Pledge of Allegiance, roll call was answered as follows:

PRESENT:Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd

ABSENT:Lyon

Also present were 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; Senior Planner Kit Fox; Associate Planner Ara Mihranian; Senior Administrative Analyst Lauren Ramezani; City Clerk/Administrative Services Director Jo Purcell; and, Recording Secretary Jackie Drasco.

RECYCLING DRAWING:

Winners from the last two drawings were David & Rosamond O’Connor and David & Olive Mann. Each family will receive a check for $250, which represents a year of free refuse service. Another card was selected.

APPROVAL OF AGENDA:

Mayor Byrd asked that the Professional Service Agreement for Environmental Services item be discussed and suggested that staff investigate the possibility of the Palos Verdes Peninsula Land Conservancy being hired for these services.

After consultation with staff, Councilwoman Ferraro moved, seconded by Councilman Stern, to award a Professional Services Agreement with Vandermost Consulting Services, Inc., for $8,000 for timely development of a habitat restoration plan and to direct staff to look into hiring the Land Conservancy for long-term monitoring. Motion carried.

Councilman McTaggart requested that the FAA lawsuit and flight tracking equipment item be heard before the diversion program additions item to accommodate speakers.

Councilwoman Ferraro moved, seconded by Councilman McTaggart, to approve the agenda as amended. Motion carried.

Lois Larue, 3136 Barkentine Road, spoke to the Minutes of September 5, 2000.

APPROVAL OF CONSENT CALENDAR:

Councilwoman Ferraro moved, seconded by Councilman McTaggart, 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 September 5, 2000, as amended.

Request for Reduction of the Landscape Bond for Tract No. 46422

(Requestor: Silvana Schiappa, E.S. Development, Inc.) (1203 x 1411)

Reduced the balance of Bond No. 3SM 761 737 00 for Tract No. 46422 to $15,230.00.

Weed Abatement/Control and Landscape Maintenance for City Street

Rights-of-Way and Medians (1204 x 1405)

(1) Awarded a three-year contact for a not-to-exceed amount of $18,264 for weed abatement/control for City street rights-of-way to Bemus Landscape, Inc., for Fiscal Years 2000-2001 through Fiscal Year 2002-2003.

(2) Authorized the Mayor and the City Clerk to execute a contract with Bemus Landscape, Inc.

(3) Awarded a three-year contract for a not-to-exceed amount of $79,800 for landscape maintenance for medians to Bennett Landscape, Inc. for Fiscal Year 2000-2001 through Fiscal Year 2002-2003.

(4) Authorized the Mayor and the City Clerk to execute a contract with Bennett Landscape, Inc.

Professional Service Agreement for Environmental Services (1204 x 305)

(1) Awarded a Professional Services Agreement with Vandermost Consulting Services, Inc. in the amount of $8,000 for environmental services associated with development of a habitat restoration plan and authorized the Mayor and the City Clerk to execute an Agreement.

(2) Directed staff to investigate the possibility of hiring the Palos Verdes Peninsula Land Conservancy to provide long-term monitoring reports of the restoration efforts

Resol. No. 2000-60 - Register of Demands (602)

ADOPTED RESOL. NO. 2000-60, 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

ABSENT:Lyon

With regard to the suggestion that staff consider having the Palos Verdes Land Conservancy perform the long-term monitoring for the habitat restoration plan, Councilman Stern disclosed that he had previously served on the board of the Palos Verdes Land Conservancy but that he voted yes as he did not feel this was a conflict.

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PUBLIC HEARINGS:

Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164, and Zone Change No. 29. (42 Seacove Drive, Mr. and Mrs. Richard Carl) (1203 x 1802)

Mayor Byrd opened the public hearing on this request to introduce Ordinance No. 360 and consider approval of Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164, and Zone Change No. 29. City Clerk Purcell announced that notice had been duly published, that comment letters received by the City were included in the agenda packet and that additional correspondence was distributed to the Council prior to the meeting.

Associate Planner Mihranian presented the staff report of September 19, 2000 and the recommendation to:

(1) Introduce the proposed ordinance to amend the City’s official zoning map with the seaward adjustment of the Coastal Setback Line.

(2) Conditionally approve Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29 to allow the demolition of an existing 5,283 square foot single-family residence for the construction, and related grading, of a new 9,244 square foot, two-story, single-family residence within the city’s coastal setback line on property located at 42 Seacove drive.

(3) Direct staff to prepare a resolution of approval for adoption at the next City Council meeting, to be adopted concurrently with the second reading of the ordinance.

Marian Johnson, 32709 Seagate Drive, Unit F, said that her view would be diminished by the second story of the proposed home but that she was pleased the foliage was being removed. She expressed concern about neighborhood compatibility and safety in reference to the instability of the fragile cliffs and she said that she had circulated a petition in opposition to this project.

Meri Swofford, 32735 Seagate Drive, Unit F, expressed concern about deterioration of the cliffs; cited examples of past problems in this neighborhood; had limited confidence in geologists; and, was concerned that zone changes might lead to increased problems in the future.

Robert G. Lusian, 32735 Seagate Drive, Unit G, said that in the 25 years he had lived in the neighborhood, he had seen unstable land along the shoreline and he was concerned that the proposed project would be detrimental. (A copy of a letter from Mr. Lusian is on file with the City Clerk’s Office.)

Lisa Carl, 30833 Rue Valois, owner of 42 Seacove, said that after living in the same home in RPV for nearly 30 years, they had purchased this 50-year old home in need of renovation. She explained the Early Neighbor Consultation process they had followed to make their new home as pleasing as possible to their neighbors and specific changes in their plans to accommodate the needs of one neighbor. She said that the 9,244 square feet was composed of the home at 7,893 square feet and the garage at 1,350 square feet.

Richard Carl, 30833 Rue Valois, owner of 42 Seacove, exhibited charts and overlays to indicate that the original footprint of the proposed home was almost exactly the same as the existing one and indicating that a second story and cellar were proposed to be added. He explained that the new home would look less massive because it was set back from the street and that to reduce visual impact, the second story was placed east to west, the roof had been lowered, and almost all trees were being removed.

Michael Kemp, the applicants’ architect, described efforts to plan a remodeling rather than demolition of the existing home and said that they had not sought a zone change but it became necessary because of the slope of the lot and the desire to rebuild on the existing pad to minimize grading. He said that sensitivity to the neighbors was carefully considered and he described efforts to make the home as aesthetically pleasing as possible.

Richard Martin, 2114 Paseo del Mar, San Pedro, CA 90732, the applicants’ geotechnical engineer, said he felt it was safe to change the coastal setback line because of results from borings and testing.

George DeVries, 4662 Katella Avenue, Los Alamitos, CA 90740, the applicants’ geologist stated that this site was not part of the any of the slide areas and that, although geology was not an exact science, he felt that more than an acceptable level of stability was determined.

Council discussion focused on the effects of irrigation near the bluffs and the consensus was to make the applicants aware that watering would not be allowed in the coastal setback area. It was determined that a landscape plan had not been submitted and staff was directed to make the applicants aware of the restriction.

Staff indicated that onsite drainage had been addressed in the plans, with protection of the bluffs in mind.

Speaking in rebuttal, Robert Lusian said that the coastal setback line was established in 1978 and since then there had been active land movement along the bluff. He was concerned about increased movement if the setback line was relocated.

There being no further testimony, Mayor Byrd closed the public hearing.

Council discussion centered on the fact that the 1978 location of the coastal setback line was established without geology information and the line had been adjusted in situations in which a landowner had provided geological information which allowed relocation; privacy and view issues related to this application; and, the considerable efforts made by the applicants to accommodate their neighbors.

Councilwoman Ferraro moved, seconded by Councilman McTaggart to (1) INTRODUCE ORDINANCE NO. 360, AMENDING THE CITY’S OFFICIAL ZONING MAP WITH THE SEAWARD ADJUSTMENT OF THE COASTAL SETBACK LINE TO THE TOP OF THE BLUFF. (2) Conditionally approve Height Variation No. 905, Grading Permit No. 2195, Minor Exception Permit No. 567, Site Plan Review No. 8839, Coastal Permit No. 164 and Zone Change No. 29 to allow the demolition of an existing 5,283 square foot single-family residence for the construction and related grading, of a new 9,244 square foot, two-story, single-family residence, on property located at 42 Seacove Drive. (3) Direct Staff to bring back a Resolution of approval to the next City Council meeting, with a irrigation restriction condition, to be adopted concurrently with the Ordinance’s second reading.

The motion carried on the following roll call vote:

AYES:Ferraro, McTaggart, Stern, and Mayor Byrd

NOES:None

ABSENT:Lyon

City Attorney Lynch stated that a resolution including an irrigation restriction condition would be brought to the next meeting to be adopted concurrently with the Ordinance.

AUDIENCE COMMENTS:

Sharon Nolan Silberberg, 6 Clovetree Place, described the danger to the animals kept on lots with no adjacent residences and requested that the Council reconsider the code allowing this practice.

Lois Larue, 3136 Barkentine Road, spoke about geologists, past and present, that the City has used as consultants.

RECESS & RECONVENE:

At 8:30 P.M., Mayor Byrd declared a recess. The meeting reconvened at 8:40 P.M.

Appeals of Conditional Large Domestic Animal Permit No. 1 (Applicants: James York and Natalie York, "Lower Filiorum" property. Appellants: (1) Betty Strauss to deny the permit and (2) James York to change the conditions of the permit. (1203 x 1804)

Mayor Byrd opened the public hearing on this request to hear the Appeals of Conditional Large Domestic Animal Permit No. 1. City Clerk Purcell announced that notice had been duly published, that comment letters received by the City were included in the agenda packet and that additional correspondence was distributed to the Council prior to the meeting.

Senior Planner Fox presented the staff report of September 19, 2000 and the recommendation to adopt the proposed resolution denying both the Strauss appeal and the York appeal and upholding the Equestrian Committee’s decision to conditionally approve Conditional Large Domestic Animal Permit No. 1.

Council discussion focused on the fact that the owner of the property (a corporation) and the applicant for the permit (an individual) appear to be different; Mr. York’s recent purchase of property on Cinnamon Lane and its lack of relevance to this application; and, whether trucks would be required to place the goats on the property. Council noted that the Cinnamon Lane property was not purchased by either Jim York, the applicant, nor by the entity owning the Filiorium property, but instead was owned by yet a different entity.

Gary Weber, 6610 Palos Verdes Drive South, representing applicant and appellant Jim York, said that Mr. York was requesting a revision of Conditions 9 and 11. He explained that Condition 9 restricted the size of the goat enclosure to 1,000 square feet and Mr. York was requesting that the size be increased to 10,000 square feet to allow the ability to exercise and graze more freely. He said Condition 11 dealt with access from Palos Verdes Drive South and Mr. York was asking for the option to use the private roads in Portuguese Bend, contingent upon the outcome of the lawsuit filed against him by the Portuguese Bend Community Association denying him access to these roads. (A copy of Mr. Weber’s proposed revised conditions is on file with the City Clerk’s Office.)

Councilman Stern disclosed that his daughter is a member of the Pony Club which operates on property owned by Mr. York and that he had received a campaign contribution from Betty Strauss and possibly some of the other speakers. He felt that he should not be disqualified from voting on the item and said that he would be able to remain impartial.

Betty Strauss, 10 West Pomegranate Road, the other appellant in this matter, expressed surprise and concern that the development code had been changed to allow animals to be kept on property without an adjacent residence. She felt that this put the animals in danger, particularly in the event of fire. She was afraid that allowing these goats on a vacant lot would set a precedent for other vacant lot owners desiring revenue from putting animals on their property.

Daphne Clarke, 10 Peppertree Drive, described a recent incident in which two miniature horses were attacked (and one killed) by a predator on property with a residence adjacent. She said that the goats would be prime targets for predators, especially with no one living near them. She urged the Council to revise the ordinance allowing animals to be placed on vacant lots.

Claudia Gutierrez, 3 Clovetree Place, representing the Portuguese Bend Community Association, said that the association had filed a lawsuit against Mr. York to deny him use of the association’s private roads and said that a judge had granted Mr. York only limited access for one trip in and one trip out for a drilling rig. She suggested that because of the many vacant lots in the Portuguese Bend ‘Q’ District, it might be possible to revise the City’s ordinance to establish special standards for the Portuguese Bend area and suggested that the Council address this on a future agenda.

Gerlinde Ryan, 3224 Barkentine Road, spoke in opposition to fences being built in this area.

Madeline Ryan, 28328 Palos Verdes Drive East, a member of the Equestrian Committee, described a fax that she sent to the City requesting that the Council

approve the proposed resolution denying both appeals.

Sharon Nolan Silberberg, 6 Clovetree Place, stated that Mr. York was aware of the access to his property when he purchased it and he had enough property to put the goats in a location farther from Narcissa Drive in a non-moratorium area where he could build a road for access.

Bridget Heller, 9 Fruit Tree Road, spoke in support of the Strauss appeal, stating that in the past farmers had accessed this property from Palos Verdes Drive South and she asked where the caretaker for the goats would live and about sanitation and a source of water for the animals.

Lois Larue, 3136 Barkentine Road, whose property is adjacent to Mr. York’s, spoke about the fence he built and a broken window for which Mr. York reimbursed her.

There being no further testimony, Mayor Byrd closed the public hearing.

Council discussion centered on whether the ordinance should be revised or whether there should be additional directions to the Equestrian Committee for interpretation of the ordinance to ensure animal safety; and, the possibility of delaying a decision until the litigation between the Portuguese Bend Community Association is resolved.

Councilman Stern moved, seconded by Councilwoman Ferraro, to uphold Ms. Strauss’ appeal and deny Mr. York’s appeal. Motion carried

City Attorney Lynch stated a resolution would be brought to the next Council meeting.

RECESS & RECONVENE:

At 9:48 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:57 P.M.

Resol. No. 2000-61 - Tract No. 33034-Amendment No. 2 (Applicant: Palos Verdes Panorama Owners’ Association, Panorama Estates Community) (1203 x 1411)

Mayor Byrd opened the public hearing on this request to consider Amendment No. 2 to Tract No. 33034. City Clerk Purcell announced that notice had been duly published, that comment letters received by the City were included in the agenda packet and that additional correspondence was distributed to the Council prior to the meeting.

Senior Planner Fox presented the staff report of September 19, 2000 and the recommendation to adopt the proposed resolution approving Tract No. 33034 -Amendment No. 2.

Council discussion focused on the offer to dedicate the street to the City, which was rejected, and the Code which prevents dedication of private streets; the reasons for the past request for a gate; and, the fact that there is no request for a gate with this application;

Jon Cartwright, 30630 Calle de Suenos, President of the Palos Verdes Panorama Owners’ Association, stated that the purpose of the application for an amendment to the Tract Map was to clarify that this section of Calle de Suenos had always been considered a private street and that it was maintained by the homeowners association. He said that confusion began in 1989 when the association applied for and was denied a gate. He said that at that time the association was asked to remove the Private Road sign but that the City did not want or expect the street to be designated a public street. He added that although there was no request for a gate at this time, the association wanted to reserve the right to make this request in the future.

Additional Council discussion centered on the two specific conditions requested to be revised and the consensus was to revise Condition 31 but not Condition 24.

Renee Cartwright, 30630 Calle de Suenos, explained the restrictions placed by the residents for the use of the private street such as no parking overnight, no skate boards, no children playing on the street, no drinking and discussed the association’s liability. She urged the Council to adopt the staff recommendation.

James R. Hume, 30618 Calle de Suenos, felt that safety was the important concern and he wanted to make sure there would be access for emergency vehicles and safe use of the stairs, particularly by school children.

Louis A. Fabreque, 30564 Camino Porvenir, urged the Council to assure that an emergency access was maintained.

David McIntyre, 30692 Calle de Suenos, said that he wanted the street to remain private, and that he would not object to his property being used for emergency access.

Debra McIntyre, 30692 Calle de Suenos, said that she felt more secure with the street being private; that she had called the Sheriff several times and she believed the sheriff’s department was more responsive because the street was considered private property. She added that she would not object to someone parking on the street or walking on it for exercise.

Speaking in rebuttal, Jon Cartwright emphasized that the intent was to clear up conditions that made no sense. He was also concerned about the safety for those using the stairs, particularly school children and he felt that there was adequate emergency access.

James R. Hume described the easement which was split between his property and the Cartwright’s property and noted that the PTA president at Pt. Vicente School had expressed concern regarding the safety of school children using the stairs.

There being no further testimony, Mayor Byrd closed the public hearing.

Council discussion focused on revised language in Condition 31 to confirm that the street is private and the advisability of maintaining Condition 24 as it is until if and when the community wishes to reapply for a gate.

Councilman Stern moved, seconded by Councilman McTaggart, to ADOPT RESOLUTION NO. 2000-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, As Amended, APPROVING TRACT NO. 33034-AMENDMENT NO. 2 TO CHANGE CONDITION NO. 31 BUT NOT CONDITION NO. 24. Motion carried.

RECESS & RECONVENE:

At 11:07 P.M., Mayor Byrd declared a recess. The meeting reconvened at 11:15 P.M.

REGULAR BUSINESS:

Resol. No. 2000-62 - Appropriations and Agreements for Lawsuit Against the FAA and Purchase of Flight Tracking Equipment (1101 x 1505)

Assistant City Manager Petru presented the staff report of September 19, 2000 and the recommendation to:

(1) adopt the proposed resolution appropriating funds from the General Fund Reserve for a joint lawsuit against the Federal Aviation Administration and joint purchase of a radar flight tracking system.

(2) Authorize the City Manager to Execute a Joint Purchase Agreement with the Cities of Hermosa Beach and Redondo Beach for acquisition, installation, operation and maintenance of an Airspace Monitoring System.

(3) Authorize the City Manager to approve joint retainer agreements for legal counsel with Richards, Watson & Gershon and Chevalier, Allen & Lichman representing the three cities in potential litigation involving flights to and from Los Angeles International Airport.

City Clerk Purcell announced that the City had received late correspondence in reference to this item from David Kuntz, John Alexander, and Peggi Collins.

Council discussion centered on probable commitments from at least one other city and a citizen’s group to share the cost of the equipment; the most effective installation location; and, the establishment of a steering committee at the first round table meeting which will set ground rules.

Beverly Ackerson, 27129 Spring Creek Road, who said that there had been no aircraft noise for most of the 41 years she has lived on the Peninsula, objected to the decibel measurement procedures used by the FAA and supported the purchasing of the equipment to determine if aircraft are flying too low and in the wrong airspace. (A copy of a letter from Mr. and Mrs. Ackerson is on file with the City Clerk’s Office.)

Ben Ackerson, 27129 Spring Creek Road, urged the Council to adopt the resolution because he felt three cities working together would have greater influence.

Arvid von Nordenflycht, 28849 Blythewood Drive, spoke against adopting the resolution and suggested that the City obtain data from the ATC (Air Traffic Control) rather than wasting money.

David Kuntz, 28409 Quailhill Drive, said that attempts to obtain data from the ATC proved futile and he felt that the only way to improve the situation was to get hard data from the equipment proposed to be purchased. (A copy of a letter from Mr. Kuntz is on file with the City Clerk’s Office.)

Council discussion focused on process of expertise of the law firms; their determination if the data gathered would be sufficient for a feasible lawsuit; and, the process by which the City could withdraw from the joint venture if desired.

City Attorney Lynch said that the legal agreements could be amended to provide a method for withdrawal and to allow additional cities to join the lawsuit against the FAA.

Councilman McTaggart moved, seconded by Councilwoman Ferraro, to:

(1) ADOPT RESOLUTION NO. 2000-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROPRIATING FUNDS FROM THE GENERAL FUND RESERVE FOR A JOINT LAWSUIT AGAINST THE FEDERAL AVIATION ADMINISTRATION AND JOINT PURCHASE OF A RADAR FLIGHT TRACKING SYSTEM.

(2) Authorize the City Manager to Execute a Joint Purchase Agreement with the Cities of Hermosa Beach and Redondo Beach for acquisition, installation, operation and maintenance of an Airspace Monitoring System.

(3) Authorize the City Manager to approve joint retainer agreements, as amended, for legal counsel with Richards, Watson & Gershon and Chevalier, Allen & Lichman representing the three cities in potential litigation involving flights to and from Los Angeles International Airport.

The motion carried on the following roll call vote:

AYES:Ferraro, McTaggart, Stern, and Mayor Byrd

NOES:None

ABSENT:Lyon

Councilwoman Ferraro left the meeting at 11:47 P.M.

Fiscal Year 2000-2001 Diversion Program Additions (1204 x 1301

Senior Administrative Analyst Ramezani presented the staff report of September 19, 2000 and the recommendation to:

(1) Consider the recommendations proposed by staff to improve residential solid waste diversion.

(2) Consider the recommendations proposed by staff to improve non-residential solid waste diversion.

(3) Authorize the Director of Public Works to carry out the programs in the fiscal year 2000-2001.

Council discussion centered on public education regarding the $10,000 per day fine levied on cities who do not meet the State’s diversion requirements; the importance of accuracy of the hauler’s records; and, construction and landscaping waste.

Michael Huls from Huls Environmental Management, the City’s consultant, explained the waste auditing process and how the benefit outweighs the cost.

Additional Council discussion focused on auditing businesses that produce high volumes of waste; public education regarding proper labeling and pickup days of green waste; the hauler’s incentive to properly divert waste; and, the deadline of December 31, 2000, to establish a diversion program.

Mayor Byrd moved, seconded by Councilman Stern to continue this item to the next Council meeting on October 3, 2000. Motion carried.

Funding Opportunities for Abalone Cove Storm Drain (1900 x 310)

Director Allison presented the staff report of September 19, 2000 and the recommendation to provide staff with direction regarding possible funding sources for the Abalone Cove storm drain improvements.

Council discussion centered on discussions with County Supervisor Don Knabe and Assemblyman Alan Lowenthal regarding possible assistance and possible use of CDBG funds.

Councilman Stern moved, seconded by Councilman McTaggart, to continue this item to a future date when more information is obtained. Motion carried.

Cancellation of the October 7 Workshop (1101 x 307)

Assistant City Manager Petru presented the staff report of September 19, 2000 and the recommendation to cancel the workshop previously scheduled for October 7, 2000 to discuss the Forrestal Management Plan in order to allow adequate time for the Finance Advisory Committee to review the plan and provide input to the City Council.

Mayor Byrd moved, seconded by Councilman Stern, to cancel the workshop previously scheduled for October 7, 2000 to discuss the Forrestal Management Plan in order to allow adequate time for the Finance Advisory Committee to review the plan and provide input to the City Council. Motion carried.

ADJOURNMENT:

The meeting was adjourned at 12:10 A.M. on the motion of Mayor Byrd.

_______________________

MAYOR
ATTEST:

__________________

CITY CLERK

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