HomeMy WebLinkAboutOrdinance - 2523 - Amend Title 140 0
SUMMARY OF CITY OF REDDING
ORDINANCE NO. 2523
The following is a summary report of the City of Redding's Ordinance No. 2523, an
ordinance of the City Council of the City of Redding amending the Redding Municipal Code by
repealing Chapter 14.09: Drought Management Plan and replacing it with a new Chapter 14.09
titled City of Redding Water Shortage Contingency Plan.
The proposed Ordinance was introduced and read by the Redding City Council on March
17, 2018, and will be considered for adoption at its next regular meeting.
Similar to the Drought Management Plan, the City of Redding Water Shortage
Contingency Plan establishes Stage 1 voluntary water conservation measures and best practices
that Redding water utility customers are encouraged to follow at all times. The Plan further
establishes triggering criteria that would require the City Manager to declare a Stage 2, Stage 3
or Stage 4 water shortage situations which would put into place mandatory water conservation
requirements and associated penalties for violation.
A copy of the full ordinance containing details of the above summarized content is
available for inspection at the City of Redding, Office of the City Clerk.
Dated: March 20, 1015
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ORDINANCE NO. 2523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING TITLE 14 (UTILITIES) BY REPEALING
CHAPTER 14.09 (DROUGHT MANAGEMENT PLAN) AND
REENACTING CHAPTER 14.09 (CITY OF REDDING WATER
SHORTAGE CONTINGENCY PLAN) SECTIONS 14.09.010
THROUGH 14.09.090 FOR THE PURPOSE OF CONSERVATION
OF WATER AND TO CONFORM THE CITY'S WATER
MANAGEMENT AND CONSERVATION EFFORTS WITH
REGULATIONS ADOPTED BY THE STATE OF CALIFORNIA
WHEREAS, the City Council of the City of Redding adopted an Urgency Ordinance
amending Chapter 14.09 (Drought Management Plan) on August 5, 2014, in response to
emergency regulations imposed by the State Water Resources Control Board; and
WHEREAS, the City Council of the City of Redding directed staff to draft an
improved Drought Management Plan that more equitably distributes the available water
to the City's customers, incorporates lessons learned from 2014 conservation efforts, and
insures an adequate supply for human consumption, sanitation, and fire protection; and
WHEREAS, the availability of source water for the City of Redding may be affected
by numerous factors including regulatory mandates imposed by the State Water
Resources Control Board and/or surface water diversion curtailments imposed by the
United States Bureau of Reclamation under the provisions of the Redding Settlement
Contract and the Buckeye Water Service Contract; and
WHEREAS, water production facilities failures, water distribution infrastructure
failures, contamination of supply, or other factors may result in emergency conditions
that threaten the water utility's ability to provide for public health and safety; and
WHEREAS, the City's Drought Management Plan currently in force does not
adequately address all the factors that may limit the water utility's ability to respond to
diminished source capacity or emergency conditions; and
WHEREAS, there is a direct nexus between the availability of water supply and the
immediate preservation of the public health and safety; and.
WHEREAS, on August 5, 2014, the City initiated Stage Two of the Drought
Management Plan and upon adoption of the City of Redding Water Shortage O
Contingency Plan, it is appropriate to initiate Stage 2 of that new Plan. +
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF REDDING AS FOLLOWS:
Section 1. The City Council finds and determines as follows:
The above recitals are true and correct and are incorporated herein as if set forth
in full and are relied upon independently by the City Council for its adoption of this
ordinance.
Section 2. Title 14, Chapter 14.09 (DROUGHT MANAGEMENT PLAN)
and all sections inclusive are hereby repealed in its entirety and retitled and reenacted to
add Sections 14.09.010 through 14.09.090 of the Redding Municipal Code to read as
follows:
CHAPTER 14.09 CITY OF REDDING WATER SHORTAGE CONTINGENCY
PLAN
Section 14.09.010 Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of water supply
facilities, with particular regard for domestic water use, sanitation, and fire protection, and to
protect and preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the City of Redding
hereby adopts the following regulations and restrictions on the delivery and consumption of
water.
Water uses regulated or prohibited under this Water Shortage Contingency Plan (the Plan)
are considered to be non-essential and continuation of such uses during times of water
shortage or other emergency water supply condition are deemed to constitute a waste of
water which subjects the offender(s) to penalties as set forth in this Chapter.
Section 14.09.020 Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing water
provided within the City of Redding's water service area. The terms "person" and
"customer" as used in the Plan include individuals, corporations, partnerships, associations,
and all other legal entities.
Section 14.09.030 Definitions
For the purposes of this Plan, the following definitions shall apply:
Automatic irrigation system: means any system of one or more devices controlled by any
means other than a manually operated, momentary action, valve or switch, which emits
water into the air more than one inch from the discharge port of the device(s). For the
purposes of this article, momentary action shall mean a device that permits the flow of
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water only so long as a person manually holds the valve or switch in the open or on
position.
City Manager: means the head of the administrative branch of the City government with
all the duties and responsibilities set forth in Chapter 2.08 of this Code. As it applies to
this chapter, City Manager may designate the authorities provided.
Conservation: those practices, techniques, and technologies that reduce the consumption of
water, reduce the loss or waste of water, improve the efficiency in the use of water or
increase the recycling and reuse of water so that a supply is conserved and made available
for future or alternative uses.
Customer: any person, company, or organization using water supplied by the City of
Redding.
Domestic water use: water use for personal needs or for household or sanitary purposes such
as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business,
industry, or institution.
Drip irrigation system: means a permanently installed automatic watering system which
applies water directly to or under the surface of the soil or, porous (soaker) hoses fitted
with both a pressure reducing device set at ten psi maximum and an accurate pressure
monitoring gauge. In no case shall any such system emit water more than one inch into
the air from any discharge port or orifice.
Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens,
golf courses, parks, and rights-of-way and medians.
Non-essential water use: water uses that are not essential, nor required for the protection of
public, health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except
otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or
jacuzzi -type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s); and
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(i) use of water from hydrants for construction purposes or any other purposes other
than fire fighting.
Safe operating capacity: means the maximum amount of potable water which, expressed
in millions of gallons per day (mgd), the City is safely capable of delivering to the City's
water distribution system at any given time from:
(1) The total available from the City's water treatment plants;
(2) The total available from the City's groundwater wells; and
(3) Total available from other potable water sources that may be added in the
future or, due to regulatory changes that increase or decrease water availability,
from existing facilities/sources.
Seven-day Running Average Water Demand: means the daily average of the amount of
water pumped to the City's water distribution system from all available sources for the
period beginning at 12:00 a.m. on the seventh calendar day prior to the date the
calculation is made and ending at 12:00 a.m. on the date the calculation is made.
State Water Resources Control Board: is the agency designated by the Legislature of the
State of California to regulate and manage surface water diversions and water rights
within the state. The State Water Resources Control Board may have the authority to
reduce or suspend water diversion rights under certain conditions.
Vehicle wash facility: means a business that washes vehicles with water or a water-based
product, including self-service car washes, full-service car washes, roll-over/in-bay style
car washes, and fleet maintenance wash facilities.
Waste: means causing or permitting a flow of water from a City water main or service
line, to run into any river, creek or other natural watercourse or drain, superficial or
underground channel, or into any sanitary or storm sewer, any street, road or highway, or
upon the lands of another person or upon public lands except as necessary for the proper
operation of any public water supply system.
Section 14.09.040 Stage 1 Established and Criteria for Initiation and Termination
of Conservation / Water Shortage Emergency Response Stages 2
through 4
The City Manager shall monitor water supply and/or demand conditions on a continuous
basis and shall determine when conditions warrant initiation or termination of Stages 2
through 4 of the Plan. Public notification of the initiation or termination of conservation
response stages 2 through 4 shall be by means of publication in a newspaper of general
circulation, radio and television announcements, web site announcements, and signs posted
in public places, along with warnings of violations posted on private property.
The Stages 2 through 4 criteria described below are based on running average of the seven-
day water demand expressed as a percentage of the water system safe operating capacity.
Stage 1 Conservation Measures are in effect regardless of any calculation of supply or
demand.
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A. Stage 1 — Year Round Water Conservation Measures (Voluntary Water
Conservation Practices and Best Management Practices)
Established - Stage 1 year-round water conservation measures are those common sense
practices designed to prevent waste of the finite water resources available to the City of
Redding water service area. Such measures, as provided in Section 14.09.050A of this Plan
are in effect year-round and are independent of any calculation of the system's safe
operating capacity, shortage, or abundance of supply. The voluntary elimination of water
wasteful acts is considered to be the most basic, common sense approach to reducing
waste of water resources. Residents of the City of Redding are asked to always be
mindful of the value of all natural resources.
B. Stage 2 - Moderate Water Shortage Conditions
Requirements for initiation — The City Manager shall initiate Stage 2 and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09,050B of this plan when the seven day running average water
demand exceeds 80% of the safe operating capacity for a period of 7 consecutive days.
Requirements for termination - Stage 2 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 2
have ceased to exist for a period of 14 consecutive days. Such declaration may be made
prior to the expiration of the 14 -day period if, in the discretion of the City Manager
extraordinary circumstances exist, such as the occurrence of significant and/or a
prolonged period of precipitation. Upon the termination of Stage 2, Stage 1 shall go into
effect.
C. Stage 3 - Severe Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 3 and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050C of this Plan when the seven day running average daily water
demand exceeds 85 percent of the safe operating capacity for a period of 7 consecutive
days.
Requirements for termination - Stage 3 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 3
have ceased to exist for a period of 14 consecutive days. Such declaration may be made
prior to the expiration of the 14 -day period if, in the discretion of the City Manager,
extraordinary circumstances exist, such as the occurrence of significant and/or a
prolonged period of precipitation. Upon the termination of Stage 3, the City Manager,
based upon the existing conditions, has the discretion to determine which appropriate
stage to initiate and the water conservation measures set forth in that stage, shall become
effective.
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D. Stage 4 - Emergency Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 4, and customers shall
be required to comply with the requirements and restrictions on certain non-essential water
uses provided in Section 14.09.050D of this Plan when the City Manager determines that
the seven-day running average water demand exceeds 90 percent of the safe operating
capacity or where a water supply emergency is declared and the City Manager determines
that this stage is appropriate to address the emergency. The City Manager can declare a
water supply emergency exists based on:
1. Major water line breaks, or pump or system failures occur, which cause
unexpected loss of capability to provide water service; or
2. Surface water supply curtailments imposed by the regulatory authority; or
3. Natural or man-made contamination of the water supply source(s); or
4. Consumer demand for water reaches 90 percent of the system's safe operating
capacity.
Requirements for termination - Stage 4 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 4
have ceased to exist for a period of 3 consecutive days. Such declaration may be made
prior to the expiration of the 3 -day period if, in the discretion of the City Manager,
extraordinary circumstances exist, such as the occurrence of significant and/or . a
prolonged period of precipitation. Upon the termination of Stage 4, the City Manager,
based upon the existing conditions, has the discretion to determine which appropriate
stage to initiate and the water conservation measures set forth in that stage shall become
effective.
Section 14.09.050 Water Conservation / Water Shortage Emergency Response
Stages
The City Manager shall monitor Stage 1 conservation and water supply and/or demand
conditions on a daily basis and, in accordance with the triggering criteria set forth in Section
14.09.040 of the Plan, shall determine that a moderate, severe or emergency condition exists
and shall implement the following actions upon publication of notice in a newspaper of
general circulation:
A. Stage 1 — Year-round Water Conservation Measures (Voluntary Conservation
Practices and Best Practices)
Goal: To eliminate wasteful practices in order to help preserve and protect our
finite water resources. Widespread adherence to common sense voluntary
conservation practices will eliminate or delay the requirement to initiate
mandatory restrictions required under stages 2-4 of this Plan.
1. Voluntary Landscape Watering Conservation Practices:
A. Landscape watering with hose -end sprinklers or automatic irrigation
systems is strongly discouraged at all times except on the following days
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between the hours of midnight and 7:00 a.m. and again on the same day between
the hours of the hours of 9:00 p.m. until midnight.
a. Customers whose street addresses end with an odd number should water
only on Wednesday, Friday, and Sunday and only within the designated
time period.
b. Customers whose street addresses end with an even number should water
only on Tuesday, Thursday, and Saturday and only within the designated
time period.
2. Best Management Practices:
Customers within the water service area should engage in the following best
management practices:
a. Potable water should be applied to outdoor landscapes in a manner that
does not cause runoff such that water flows onto adjacent property, non-
irrigated areas, private and public sidewalks, roadways, parking lots or
structures.
b. Customer should not use a hose that dispenses potable water to wash a
motor vehicle, except where the hose is fitted with a shut-off nozzle or
device attached to it that causes it to cease dispensing water immediately
when not in use.
C. Potable water should not be applied to driveways and sidewalks for
routine cleaning or debris removal. The use of a pressure washer to clean
hard surfaces including driveway, sidewalks, and outdoor dining areas is
permissible when such action is necessary to protect the public health and
safety.
d. Potable water should not be used in a fountain or other decorative water
feature, except where the water is part of a recirculating system.
C. Customers should not apply potable water to outdoor landscapes during
and up to 48 hours after measurable rainfall.
£ The serving of drinking water other than upon request in eating or
drinking establishments, including but not limited to restaurants, hotels,
cafes, cafeterias, bars, or other public places where food or drink are
served is prohibited.
g. To promote water conservation, operators of hotels and motels should
provide guests with the option of choosing not to have towels and linens
laundered daily. The hotel or motel should prominently display notice of
this option in each bathroom using clear and easily understood language.
3. Public Facilities: Water service to landscape maintenance districts, parks,
cemeteries, and other public facilities are encouraged to comply with the
restrictions set forth in the Section.
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4. Construction Projects: Water service for construction projects are
encouraged to implement common sense water conservation practices.
B. Stage 2 - Moderate Water Shortage Conditions
Goal: To achieve a reduction in total daily water demand such that the seven-day
running average water demand is less than 80% of the safe operating
capacity of the water system facilities or in response to the imposition of
mandatory outdoor watering restrictions imposed by the State of California.
All Stage 1 voluntary best management practices set forth in Section
14.09.050A.2 are mandatory in Stage 2, plus the following;
1. Landscape watering by any means including automatic irrigation systems,
hose -end sprinklers, drip irrigation, hand-held hose, or bucket is prohibited
except on the following days between the hours of midnight and 7:00 a.m. and
again on the same day between the hours of the hours of 9:00 p.m. until
midnight.
a. Customers whose street addresses end with an odd number may water
only on Wednesday, Friday, and Sunday and only within the permitted
time period.
b. Customers whose street addresses end with an even number may water
only on Tuesday, Thursday, and Saturday and only within the permitted
time period.
2. Public Facilities: Water service to landscape maintenance districts, parks,
cemeteries, and other public facilities shall comply with the restrictions set
forth in the Section.
3. Construction Projects: Water service for construction projects shall be
addressed on a case-by-case basis.
4. Penalty: Any customer in violation of Stage 2 requirements shall be first
notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 2 requirements after notice and warning is
provided shall be punishable by an administrative fine of $50.00 per day or
per occurrence.
C. Stage 3 - Severe Water Shortage Conditions
Goal: To achieve a reduction in total daily water demand such that the 7 -day running
average water demand is less than 85% of the safe operating capacity of the
water system facilities or in response to the imposition of mandatory outdoor
watering restrictions imposed by the State of California.
All Stage 2 requirements apply, with the exception of an enhanced Penalty, as
follows:
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Penalty: Any customer in violation of Stage 3 requirements shall be first
notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 3. requirements after notice and warning is
provided shall be punishable by an administrative fine of $200.00 per day or
per occurrence.
D. Stage 4 - Emergency Water Shortage Conditions
Goal: Achieve a reduction in total daily water demand such that demand is less
than 90% of the safe operating capacity of the water system facilities or in
response to the imposition of critical surface water diversion curtailments by
the regulatory authority.
All Stage 1 voluntary best management practices are prohibited in Stage 4
plus the following:
(1) Outdoor landscape watering, including handheld irrigation, with potable water is
prohibited at all times;
(2) The following uses of water are prohibited:
a. Operation of any ornamental fountain, pond or other ornamental water
feature for aesthetic purposes except where necessary to support aquatic
life.
b. Use of water for dust control.
c. Washing down buildings or structures for purposes other than immediate
fire protection.
d. Use of bulk potable water obtained from the City for construction purposes.
e. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle other than by a person washing any public safety vehicle on
public property.
f. Filling, refilling, or adding water to swimming pools, wading pools, and
jacuzzi -type pools, which are located outside.
g. Using a fire hydrant pursuant to a temporary fire hydrant permit.
(3) Vehicle washing at a vehicle wash facility is prohibited at all times except
between the hours of 7:00 a.m. and 7:00 p.m. A person owning or operating a
vehicle wash facility shall take affirmative action to prevent use of the vehicle
wash facility during the prohibited hours specified herein. Such actions shall
include posting a sign indicating that the vehicle wash facility is closed and
preventing vehicular access onto the property or into the washing bays. In
addition, the owner/operator may also choose to disable the washing
mechanisms so as to prevent operation.
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(4) No permits for new, additional, or expanded water service connections, meters, or
service lines shall be granted. An exception applies where the City has already
issued either a final plan for a residential lot or a commercial building permit for
the site or the construction project that requires the water service.
(5) Penalty: Any customer in violation of Stage 4 requirements shall be first notified
of the regulations and warned of the penalty associated with continued violation.
If the violation is not timely corrected, any continued violation of mandatory
Stage 4 requirements after notice and warning is provided shall be punishable by
an administrative fine of $500.00 per day or per occurrence.
Section 14.09.060 Enforcement
Any violation of this Chapter shall be enforced utilizing administrative processes
and remedies set forth in Chapter 1. 13, Chapter 1. 14, or Chapter 1.15 of this Code.
Section 14.09.070 Exceptions, Variances and Appeals
The City Manager may, in writing, grant temporary variance for existing water uses
otherwise prohibited under this Plan.
A. A person requesting a variance from the provisions of this article must file an
application with the City Manager on forms promulgated by the City. Each
application shall include the following information:
(1) Name and address of the applicant(s);
(2) A full description of the proposed water use, including, but not limited to:
a. The daily amount of the proposed use;
b. The hours of the proposed use;
(3) A reference to the specific provision(s) of this article from which the
applicant is requesting relief,
(4) A detailed statement as to how the specific provision of the article
adversely affects the applicant and/or what damage or harm will occur to
the applicant or others if applicant complies with this article;
(5) A description of the relief requested;
(6) The period of time for which the variance is sought;
(7) Alternative water use restrictions or other measures the petitioner is taking
or proposes to take to meet the intent of this article and the compliance
date; and
(8) Any additional information that the City Manager deems relevant and
necessary in making a determination regarding the request.
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B. The City Manager shall grant or deny the application for variance not later than 5:00
p.m. on the third city business day following delivery of the application to the City
Manager.
A variance granted by the City Manager shall contain the following provisions:
(1) A description of the allowable water uses granted by the variance;
(2) A description of any conditions imposed which must be satisfied in order to
maintain the variance in effect;
(3) A timetable for compliance with any conditions set forth in the variance; and
(4) Such other provisions as the City Manager determines to be reasonable and
necessary.
Variances granted shall expire upon the earlier of:
(1) The date the water conservation measure from which the variance was granted is
no longer in effect;
(2) The date the City Manager determines that the applicant has failed to comply
with any deadline imposed with respect to compliance with the conditions set
forth in the variance; or
(3) The date the City Manager specifically sets forth for termination of the variance.
Variance not a defense. The granting of a variance shall not be a defense to a
violation of the provisions of this article which occurs prior to the effective date of
the variance. No variance shall be retroactive or otherwise justify any violation of this
Plan occurring prior to the issuance of the variance.
Section 3. Upon the effective date of this Ordinance, Stage 2 of the Water Shortage
Contingency Plan shall be initiated in the restrictions associated with Stage 2 shall be in
full force and effect.
Section 4. The Council hereby finds and determines that the enactment of this
ordinance is exempt from the California Environmental Quality Act (Public Resources
Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guideline Section 15269(c)
(California Code of Regulations Title 14, Chapter 3, Section 15269(c)) because a state of
emergency has been issued by the Governor of the State of California regarding the
drought and specific actions by the Council are necessary to mitigate that emergency.
The City Clerk is hereby authorized to file a Notice of Exemption with the County of
Shasta pursuant to CEQA Guidelines Section 15094.
Section 5. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, the remainder of the ordinance and the
application of such provision will remain in effect to the extent permitted by law.
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Section 6. This ordinance shall take effect 30 days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to
law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 17th day of March, 2015; and was duly read and
adopted at a regular meeting on the 7th day of April, 2015, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ATTESTV',: J'r.
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PAMELA, *1IZE, City Jerk
Cadd, Schreder, Weaver, & Sullivan
None
McArthur
None
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F CIE SULLIVAN, Mayor
FORM APPROVED:
W. LEONARD WING E,
Interim City Attorney
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