HomeMy WebLinkAboutMinutes - City Council - 1998-09-01 238
City Council, Regular Meeting
Council Chambers
1313 California Street
Redding, California
September 1, 1998, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Mr. Clay McClain.
The Invocation was offered by Pastor Mark Neitz, Frontline Assembly of God.
The meeting was called to order at 7:00 p.m. by Mayor Kehoe with the following Council Members
present: Anderson, Cibula, Kight, and Kehoe. Council Member McGeorge was absent.
Also present were City Manager Warren, Assistant City Manager Perry, Deputy City Manager
Starman, City Attorney Wingate, Director of Public Works August, Director of Development
Services Swanson, Director of Electric Utility Feider, Chief of Police Blankenship, Electric Group
Manager Ryan, Fire Chief Wagner, City Treasurer Linville, Support Services Director Kersten,
Finance Officer Strong, Administrative Services Director Bachman, Housing Program Supervisor
Buckley, Housing Program Supervisor Meek, Management Analyst Dent, Housing Manager Flory,
Personnel Analyst Neimer, Financial Management Specialist Sundin, City Clerk Strohmayer, Assistant
City Clerk Moscatello, and Executive Secretary Miller.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of minutes - Special Meetings of June 29, 1998, July 20, 1998, and July 27, 1998; and
Regular Meetings of July 7, 1998, and August 4, 1998.
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register No. 4, check numbers 261194 through 261615
inclusive, in the amount of 4,005,589.96, for the period August 18 through August 27, be approved
and paid, and Payroll Register No. 4, check numbers 452662 through 453565 inclusive, and
electronic deposit transaction numbers 52332 through 52809, in the amount of 1,419,985.81, for the
period August 9 through August 22, 1998, be approved.
TOTAL: $5,425,575.77
Treasurer's Report - July 1998
(A-050-100-600)
Total Treasurer's Accountability - $83,466,933.60
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities - $145,962,160.44
ACR133 and Cash Reconciliation Report - July 1998
(F-205-095-650)
It is the recommendation of the Administrative Services Director that the ACR133 Report and the
Proof of Cash Reconciliation for July 1998 be accepted.
Ordinance No, 2222 - Re Rezoning Application RZ-7-98, by Jim Graves (19420 Posey Lane)
(L-010-230)
It is recommended that Ordinance No. 2222, be adopted, an ordinance of the City Council of the City
of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of
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certain real property in the City of Redding to "R-1-B10" Single-Family Residential District and "OS"
Open Space District, by Jim Graves (RZ-7-98).
ORDINANCE NO. 2223 - re Rezoning Application RZ-1-98, by Bob Youmans and the City of
Redding (East of Eastside Road and State Highway 273 at the Intersection of South Bonnyview
Road)
(L-010-230)
It is recommended that Ordinance No. 2223 be adopted, an ordinance of the City Council of the City
of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of
certain real property in the City of Redding to "C-2-F" Central Commercial District with Site Plan
Review Combining District (RZ-1-98).
Ordinance No. 2224-re Rezoning Application RZ-3-98, by Jim Huber (North Side of Rancho Road
at the East End of El Verano Street and South End of St. Charles Drive)
(L-010-230)
It is recommended that Ordinance No. 2224, be adopted, an ordinance of the City Council of the City
of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of
certain real property in the City of Redding to "R-1-B15" Single-Family Residential District (RZ-3-
98).
Ordinance No. 2225 - re Rezoning Application 15-97, by Lyle Tullis (3375 Goodwater Avenue)
(L-010-230)
It is recommended that Ordinance No. 2225, be adopted, an ordinance of the City Council of the City
of Redding relating to the rezoning of certain real property to "R-1-B20" Single-Family Residential
District with 20,000 square foot minimum lot sizes (RZ-15-97).
Ordinance No. 2226 - Impounded Vehicle Recovery Fee
(F-205-600 & P-150-150)
It is recommended that Ordinance No. 2226, be adopted, an ordinance of the City Council of the City
of Redding imposing a fee to cover the administrative costs relating to the removal, impound, storage
and release of vehicles towed from unlicensed drivers or drivers with suspended/revoked licenses.
Agreement with Griffin Grant Writing& Associates
(G-100)
It is the recommendation of the City Manager that the City not proceed entering into an agreement
with Griffin Grant Writing& Associates.
Property Status Report
(C-070)
It is the recommendation of the Assistant City Manager that City Council accept the Property Status
Report as of August 1998, which includes the following: (1) Surplus City Property; (2)
Leases/Renewal of Leases of City Land; (3) Offers to sell land to the City; and (4) City-initiated
purchases of land.
Waste Diversion
(5-020-550)
It is the recommendation of the Assistant City Manager that City Council accept the report
concerning State mandate on waste diversion.
Resolution - Approving CDBG funding agreement with Shasta Homeless Shelter Coalition for the
Winter Armory Emergency Shelter
(G-100-030-043)
It is the recommendation of the Deputy City Manager that City Council adopt Resolution No. 98-
127, a resolution of the City Council of the City of Redding approving the agreement between the
City of Redding and the Shasta Homeless Shelter Coalition to set aside $30,000 in funds for the
winter armory emergency shelter, for the term of September 1, 1998, through August 31, 1999, and
authorizing the City Manager to sign same.
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Resolution-Releasing abatement proceedings on property at 1349 Willis Street, owned by Jennifer
Rebecca Luther
(A-030-070)
It is the recommendation of the Development Services Director that City Council adopt Resolution
No. 98-128, a resolution of the City Council of the City of Redding releasing the proceedings of
abatement under former Chapter 9.36 of the Redding Municipal Code on certain real property in the
City of Redding located at 1349 Willis Street, currently owned by Jennifer Rebecca Luther.
Resolution-Releasing abatement proceedings on property at 4063 Eastside Road, owned by Kennie
C. Knowles Trucking, Inc.
(A-030-070)
It is the recommendation of the Development Services Director that City Council adopt Resolution
No. 98-129, a resolution of the City Council of the City of Redding releasing the proceedings of
abatement under former Chapter 9.36 of the Redding Municipal Code on certain real property in the
City of Redding located at 4063 Eastside Road, currently owned by Kennie C. Knowles Trucking,
Inc.
Award of Bid - Bid Schedule No. 3202, Lobby Chairs for Redding Municipal Airport
(B-050-100 & A-090-100)
It is the recommendation of the Development Services Director that Bid Schedule No. 3202, Lobby
Chairs for Redding Municipal Airport, be awarded to Grammar Design Seating, Inc., in the amount
of$38,365.47.
Recommendation to Authorize Increasing Construction Contingency for the Redding Municipal
Airport Terminal Building Remodel Project - Bid Schedule No. 3162
(B-050-020 & A-090-100)
It is the recommendation of the Development Services Director that City Council approve the request
to increase the Redding Airport Terminal Building Remodel Construction Contingency by $40,000
and appropriate an additional $40,000 from an existing 1992 FAA grant (AIP 14) to the project.
Resolution - Authorizing submittal of a grant application with the Federal Aviation Administration
(G-100-070-095 & A-090-100)
It is the recommendation of the Administrative Services Director that City Council adopt Resolution
No. 98-130, a resolution of the City Council of the City of Redding authorizing the filing of a federal
grant application in the amount of$230,738 with the Federal Aviation Administration (FAA) for
Entitlement Airport Improvement Program(AT)for Redding Municipal Airport runway and taxiway
• improvements.
Resolution-Approving amendment to the Executive Management Pay-for-Performance Salary Plan
(P-100-320)
It is the recommendation of the Administrative Services Director that City Council adopt Resolution
No. 98-131, a resolution of the City Council of the City of Redding amending the executive
management Pay-For-Performance Salary Plan adjusting the monthly salary range of the Deputy Fire
Chief from $3,683-5,811 to $3,921-6,187, effective September 6, 1998.
Resolution - Appropriating funds for an appraisal on property located in the Churn Creek Road
Extension#2 Assessment District No. 1990-5
(A-170-120-101 & B-130-070)
It is the recommendation of the Administrative Services Director and the City Treasurer that City
Council adopt Resolution No. 98-132, a resolution of the City Council of the City of Redding
approving and adopting the Third Amendment to City Budget Resolution No. 98-92 appropriating
$14,000 for an appraisal for Churn Creek Road Extension #2 Assessment District No. 1990-5.
Acceptance of Final Map and Subdivision Agreement - Stetson Subdivision, Located South of
SR299 and East of Churn Creek Road (S-10-91)
(S-100-706)
It is the recommendation of the Director of Public Works that City Council accept the Final Map for
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Stetson Subdivision, developed by Three Seasons Development, authorize the Mayor to sign the
subdivision agreement, and instruct the City Clerk to file the Map with the Shasta County Recorder.
MOTION: Made by Council Member Anderson, seconded by Council Member Kight, that all the
foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was
as follows:
Ayes: Council Members - Anderson, Cibula, Kight, and Kehoe
Noes: Council Members - None
Absent: Council Members - McGeorge
Abstain: Council Members -None
Resolution Nos. 98-127, 98-128, 98-129, 98-130, 98-131, and 98-132, and Ordinance Nos. 2222,
2223, 2224, 2225, and 2226 are on file in the office of the City Clerk.
PUBLIC HEARING -re Appeal by Robyn L. Aja of the Approval of Use Permit Application UP-16-
98 for Northern Valley Catholic Social Services (NVCSS) (2651 & 2675 Lowden Lane)
(L-010-390)
Mayor Kehoe noted that he is a member of St. Joseph's Church. While he believes this does not
constitute a conflict of interest in this matter, he opined that there may be the appearance of a conflict
of interest and, therefore, recused himself from consideration of the appeal.
The hour of 7:00 p.m. having arrived, Vice Mayor Anderson opened the public hearing regarding the
appeal of the conditions of approval of Use Permit Application UP-16-98. The following documents
are on file in the office of the City Clerk.
Affidavit of Mailing - Notice of Public Hearing
Affidavit of Publication -Notice of Public Hearing
Report to the Planning Commission dated June 10, 1998
City Clerk Strohmayer advised that written protests were received and are included in the
Development Services Department's Report to Council.
Development Services Director Swanson provided an overview of the Report to City Council dated
August 18, 1998, incorporated herein by reference, regarding the appeal of the approval of NVCSS's
request to develop a 64-unit, multiple-family residential complex on six acres at 2651 and 2675
Lowden Lane in an "RM-6" and "RM-18" Multiple Family Residential District. The zoning would
allow 93 units which is 69% of the allowable density. Mr. Swanson noted that no opposition was
expressed during the General Plan amendment of the property to "Residential, 18.0 units per acre"
or subsequent rezoning to "RM-18-F" Multiple Family Residential District, nor was opposition
expressed over approval and subsequent amendment of Use Permit UP-97-98, allowing construction
of 72 apartment units.
Robyn Aja appealed the Board of Administrative Review's approval of the permit to the Planning
Commission, who denied the appeal and upheld the Board's decision of approval, finding that the
project was consistent with zoning and the General Plan and would not cause any significant
environmental impact. Robyn Aja consequently appealed the decision of the Board of Administrative
Review and the Planning Commission to the City Council. A petition and letters of opposition from
over 100 neighbors and supporters of the opposition not from the neighborhood were submitted.
Three letters of support were received.
It is the recommendation of staff that City Council deny the appeal and uphold the decision of the
Board of Administrative Review and the Planning Commission to approve Use Permit Application
UP-16-98.
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Vice Mayor Anderson asked City Attorney Wingate for clarification on what factors may legally be
considered in Council's determination of the appeal, and Mr. Wingate clarified that, under California
law, Council may consider all items on the appeal except the issue of whether or not this is a low-cost
or moderate-cost housing project.
Robyn Aja, 370 Manzanita Lane, Redding, said that the high-density rezoning is inappropriate for the
area, and there was opposition to the original rezoning which was not duly noted. She pointed out
that six acres of oak trees and indigenous wildlife will be destroyed as well as an increase in urban
contamination. She related concerns regarding the tenant configuration made up of low-income
families and individuals transitioning from the foster care system, and that job training and counseling
facilities will be on site. In her opinion, a conflict of interest exists with the Executive Director of
NVCSS serving on the Planning Commission. Ms. Aja urged the City Council to deny the use permit,
use the monies for existing local housing, and place a moratorium on new construction with publicly
funded tax shelter projects.
Robert Rehberg, 429 Redcliff Drive, Redding, attorney representing Robyn Aja, stated that Laurel
Glen has been inappropriately labeled a housing project; however, the proposed project includes a
vocational education center for at-risk youth ages 17-25. He urged Council to avoid being misled
by the low-income housing label and look at the use actually intended. Mr. Rehberg echoes Ms. Aja's
concern about a member of the Planning Commission's affiliation with NVCSS, and he insinuated that
this relationship resulted in a favorable outcome for the application. He noted that one-half of the
project is proposed for "frail elderly," nursing-home qualified individuals, and the remaining units are
for at-risk youth, a combination he opined does not make sense. He contended that the Redding
Police Department report addressing security and traffic concerns was not given due consideration.
He further noted that the rezoning of the Lowden Lane area was a "fluke" and "illegal spot zoning"
and does not correlate with the surrounding zoning. He cautioned that development of this area
could create an "urban ghetto." Mr. Rehberg urged Council to deny the use permit, and refer the
matter back to the Planning Commission to restore the 6.0-units-per-acre zoning.
Joahnne M. Lyford, 410 Manzanita Lane, Redding, cautioned that this project will bring troubled
youth into the area and she would not feel comfortable having troubled youth for neighbors. She
supported Mr. Rehberg's concerns about placing the frail elderly with at-risk youth.
Augie Aja, 370 Manzanita Lane, Redding, observed that Redding has many uninhabited houses and
apartments, and suggested that the funds for Laurel Glen project be used to clean up existing
neighborhoods. He stated that if the development goes forward, the homeowners in the area would
leave.
Lee Hill, 2810 Bechelli Lane, Space 3, Redding, stated she faces the dilemma of how to live a quality
life next to a low-income housing project. She commented that NVCSS took advantage of the 1986
rezoning. Ms. Hill noted that she is on a fixed income, cannot afford to move her home due to the
cost, and she would not be able to sell her mobile home. Ms. Hill also expressed concerns about
increased traffic and pollution.
Cecil Collins, 2871 Lowden Lane, Redding, a resident of the neighborhood for 58 years, stated that
NVCSS should find another area for the project. He feared that residents of Laurel Glen would
include a criminal element which would cause problems.
Joni Kalinowski, 2410 Beverly Drive, Redding, submitted a letter dated September 1, 1998,
submitted to City Council, which is incorporated herein by reference, regarding her opposition to the
NVCSS project because of traffic and environmental impact. She opined that City government is not
responding to the will of the citizens, and an environmental impact report should be prepared for this
project.
Betty Snyder, 2420 Beverly Drive, Redding, stated she is opposed to the Laurel Glen project for
reasons of personal safety. She asked if tenants would come from rehabilitation centers and what
type of controls would be on visitors. She read from a letter written by another property owner on
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Beverly Drive, noting that the extension of Leila Avenue to Lowden Lane would be too close to
Cypress Avenue to alleviate congestion, and an extensive study by the Planning Commission revealed
this to be true. Ms. Snyder noted that many elderly people are concerned for their safety. She read
from a letter written by another property owner on Beverly Drive, which stated that she and her
husband cannot relocate due to cost and his poor health. Mrs. Snyder asked Council to consider the
hundreds of signatures and letters opposed to the project for reasons of safety and traffic congestion.
Art Jabs, 2941 Lowden Lane, Redding, stated that he is opposed to the project. He related concerns
about NVCSS claiming to be a nonprofit agency, and about the traffic problems and inconvenience
that would result should right turns only be allowed on Cypress Avenue from Lowden Lane.
Warren Simpson, 371 Beagle Lane, Redding, indicated that the neighborhood expressed opposition
to rezoning of the proposed site to "RM-18" Multiple Family in 1986, but they did not pursue it
further because they believed it was futile.
Marie Adams, P.O. Box 3688, Redding, stated that her elderly mother lives in the neighborhood, and
a complex of this size will increase traffic and alter her quiet lifestyle. She asked if there was a
possibility that the City of Redding may fund this housing complex with $700,000 of property tax
money; and if so, who authorized this funding? She expressed opposition to the use of public funds
for this project and requested that City Council abandon the project.
Gary Rhoades, 2324-1/2 North Street, Redding, Managing Attorney for Legal Services of Northern
California, stated that there are over 1,200 people on the City's waiting list for housing assistance,
and there is difficulty finding quality housing due to code violations. He claimed that Laurel Glen is
the first step toward meeting this need. Mr. Rhoades noted that in Oakland and Sacramento, similar
developments have had a positive impact on the communities. He added that NVCSS has done an
excellent job managing its current housing projects in the city.
Lyle MacAdam, 2415 Beverly Drive, objected to the comparison of the City of Redding to Oakland.
He stated that he purchased his home because he thought it would be safe for his child to live on a
dead-end street. Mr. MacAdam asked Council to oppose this project.
Jim Buell, representing U-Haul company at 205 E. Cypress, stated that if right turn only is allowed
from Lowden Lane to Cypress Avenue, residents could be tempted to cut through U-Haul's parking
lot to turn left. He also expressed concern about increased vandalism in addition to their current
problem with transients.
Jesse Ellis, 2454 Ramona Drive, related concerns with the streets being narrow, the impact on elderly
residents, traffic congestion, and their neighborhood being referred to as a "blighted" area. He
cautioned that Laurel Glen would not be beneficial to the area, and stated that the City may
subsequently want to develop the remaining area and try to purchase their properties at an unfair
price.
John Kenney, Member of the Board of Directors for NVCSS, countered that the staff
recommendation was, in fact, appropriate. He noted it was difficult to respond to the residents'
complaints because what they are objecting to is not the project proposed. In response to Vice
Mayor Anderson, he stated that this project is not licensed for group homes, but for low- and
moderate-income housing and the frail elderly. He noted that applicants would be screened for
desirability as tenants, although he could not guarantee tenants would not have criminal records.
When asked whether tenants would be transferred from outside of the county, Mr. Kenney cited a
clear need in Redding already exists for this type of housing. He stated that the Laurel Glen project
also includes a facility for training and educational purposes which is currently proposed for Hartnell
Avenue.
Mr. Kenney stated that tenants would be screened for their ability to pay rent, ability to adhere to the
rules, and their desirability as tenants, and would also be required to provide references. In response
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to Council Member Kight, Mr. Kenney stated that NVCSS has a number of similar projects in the
city.
Vice Mayor Anderson determined there were no further individuals wishing to speak and closed the
public hearing.
Vice Mayor Anderson asked Mr. Wingate if City Council could discriminate based on creed, and Mr.
Wingate read the statute, which stated that Council cannot uphold the appeal based on this being a
low-or moderate-income housing project, race, or religion. Any action Council took based on these
factors would be considered void.
Mr. Swanson stated that a traffic engineer studied the Redding Police Department's traffic report and
concluded this project will not create a difficult situation. He clarified that staff is not recommending
prohibition against left turns onto Cypress Avenue, and additional ways out of the neighborhood were
being created by the extension of Leila Avenue to Lowden Lane.
Vice Mayor Anderson inquired about the allegations that the Executive Director of NVCSS, who is
on the Planning Commission, might have exerted some degree of influence on staff or have been
involved in the decision making. Mr. Swanson stated that this individual was absent from the
Planning Commission meeting at which this application was considered and has had no contact with
staff regarding this project.
Council Member Kight clarified that the area was rezoned from 6 to 18 units per acre in 1986; a use
permit was approved for the development of 72 units in 1989; and in 1991, the use permit, which
expired, was amended to allow 80 units. He reiterated that similar projects have been proposed, and
residents moved into the neighborhood subsequent to the rezoning. He noted that this is a land use
issue, and the zoning and General Plan designation are correct for this project; therefore, he found
no reason to support the appeal.
MOTION: Made by Council Member Kight, seconded by Council Member Cibula, to deny the
appeal. Voting was as follows:
Ayes: Council Members - Anderson, Cibula, and Kight
Noes: Council Members - None
Absent: Council Members - McGeorge
Abstain: Council Members - Kehoe
Vice Mayor Anderson called a recess from 8:45 to 8:50 p.m.
JOINT PUBLIC HEARING - DISPOSITION OF REDDING REDEVELOPMENT AGENCY-
OWNED PROPERTY LOCATED AT 4210 AND 4220 WESTSIDE ROAD
(R-030-145-050)
The hour of 7:00 p.m. having arrived, the joint public hearing of the Redding City Council and the
Redding Redevelopment Agency was opened to consider the disposition of Agency-owned property
located at 4210 and 4220 Westside Road.
The following documents are on file in the office of the City Clerk:
Affidavit of Publication -Notice of Public Hearing
Staff recommendation dated August 25, 1998
City Clerk Strohmayer advised that no protests were received.
Deputy City Manager Starman provided an overview of the Report to City Council and Redding
Redevelopment Agency(Agency)dated August 25, 1998, incorporated herein by reference, regarding
the disposition of the Agency-owned property at 4210 and 4220 Westside Road to Eddie L. Troop
and Linda McMahan (hereinafter referred to as Troops). The Troops made an offer, which was
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considered by the Agency in June 1998, to purchase the subject property for $128,000 for use as a
veterinary clinic. Pursuant to the Agency's direction, staff prepared a Disposition Agreement which
provides for the sale of the property at 4210 Westside Road(Parcel A), the conveyance of the portion
of 4220 Westside Road, if any, not needed for the future realignment of Westside Road (Residual
Area), and the conveyance by the City of Westside Road right of way (Parcel B) if the City elects to
abandon it for street purposes.
Mr. Starman explained that California Health and Safety Code Section 33431 requires a
Redevelopment Agency to hold a public hearing for the sale of property without public bidding.
Section 33433 of the same Code requires that before property acquired in whole or in part, directly
or indirectly, with tax increment monies is sold or leased for development pursuant to the
redevelopment plan, the sale or lease must first be approved by the legislative body by resolution after
a public hearing. The resolution approving the sale or lease must find that the sale or lease of the
property will assist in the elimination of blight or provide housing for low- or moderate-income
persons, and is consistent with the implementation plan for the Redevelopment Project Area. In
addition, the resolution must contain a finding that the consideration is not less than the fair market
value at its highest and best use in accordance with the redevelopment plan, or that the consideration
is not less than the fair reuse value at the use and with the covenants and conditions and development
costs authorized by the sale or lease.
Mr. Starman indicated that the sale of the property meets the criteria set forth by Redevelopment Law
in that the sale assists in the elimination of blight and is consistent with the Implementation Plan. In
addition, the purchase price is greater than the fair market value and the fair reuse value of the
property(between $105,000 and $120,000). Upon completion of the realignment of Westside Road,
it is unlikely that the existing street will be needed for street purposes and the most productive use
of the right-of-way area would be assemblage with the adjacent property.
It is, therefore, the recommendation of staff that the City Council adopt the necessary resolution
approving the Disposition Agreement and making the necessary findings in connection with the
proposed disposition of the Agency-owned property at 4210 and 4220 Westside Road. It is further
recommended that the Agency approve the Disposition Agreement and authorize the Chairman to
sign it on behalf of the Agency.
The public hearing was closed after it was determined that there was no one present wishing to
address either the City Council or the Agency on this matter.
MOTION: Made by Council Member Anderson, seconded by Council Member Anderson, that
Resolution No. 98-132 be adopted, a resolution of the City Council of the City of Redding approving
the Disposition Agreement by and between the City of Redding, the Redding Redevelopment Agency,
and Eddie L. Troop and Linda McMahan and making certain findings in connection herewith.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kehoe, and Kight
Noes: Council Members -None
Absent: Council Members - McGeorge
Resolution No. 98-132 is on file in the office of the City Clerk.
The following action was taken by the Redding Redevelopment Agency:
MOTION: Made by Agency Member Anderson, seconded by Agency Member Kehoe, to approve
the Disposition Agreement by and between the City of Redding, the Redding Redevelopment Agency,
and Eddie L. Troop and Linda McMahan and authorizing the Chairman to sign said Agreement. The
Vote: Unanimous Ayes
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REQUEST TO PROCEED WITH ADDITIONAL WORK ON THE SPORTS COMPLEX
PROJECT
(P-050-600-200)
Deputy City Manager Starman highlighted the Report to City Council and Redding Redevelopment
Agency dated August 26, 1998, incorporated herein by reference. The report referred to work done
to date by a five-member citizen's committee (Committee) on the sports complex project. Mr.
Starman explained that the Committee evaluated approximately 15 potential locations for the sports
complex and while none of the potential sites were considered ideal, the Committee had tentatively
selected a site adjacent to the City's existing Corporation Yard and Solid Waste Transfer Station as
the best location. He noted that the site was close to a major freeway interchange, the City already
owned a significant amount of the land in the area, and it may be possible to acquire several large
parcels adjacent to the City's existing property that are currently for sale.
Mr. Starman related that before the Committee makes a final recommendation on the site, it would
like authorization to proceed with the following: (1) retain a consultant to complete a wetlands
assessment that was started in 1995; (2)retain a consultant to determine the feasibility of developing
a sports complex on the site and produce a conceptual plan; and, (3) obtain appraisals on the property
adjacent to the City's property that may be needed for the sports complex.
Mr. Starman indicated that this is an information item only for the City Council and no action is
required.
He explained that it is the recommendation of both the Committee and staff that the Agency authorize
the expenditure of approximately $35,280 to complete the following: (1) Enter into a contract with
North State Resources ($12,500) to complete the wetlands analysis; (2) Enter into a contract with
J. C. Draggoo and Associates ($16,780) to determine the feasibility of developing a sports complex
on the tentatively selected site and produce a conceptual plan; and (3) Obtain appraisals ($6,000) on
the property adjacent to the City property that may be needed for the sports complex.
In response to Mayor/Agency Member Kehoe, Mr. Starman indicated that if the aforementioned
reports are favorable, the Committee will make a recommendation to the City Council and the
Agency that this is their recommended site. In addition, he explained that the appraisals would not
be obtained until the reports are received from North State Resources and J. C. Draggoo and
Associates. He noted, however, that the Committee is sensitive to the December timeline established
by the City Council.
Council/Agency Member Anderson stressed that he would rather see the timeline extended than to
expend unnecessary funds.
Bert Meyer, Chairman of the Sports Complex Committee, stated that the Committee has been
working diligently on finding the best location for the sports complex. He recalled that the Tarmac
Road location was previously considered as a possible site. At that time, however, there had been
concern about the impact traffic would have on the surrounding area. He explained that Committee
is attempting to place the complex in a location that is accessible from two main thoroughfares, Old
Oregon Trail and Viking Way, thereby, reducing the traffic impact to neighboring properties. He
related that the preliminary wetland study on the City's property did not reveal the presence of fairy
shrimp which could be costly to mitigate, therefore, the Committee believed it prudent to proceed
with the additional studies.
Council/Agency Member Anderson stressed that ingress and egress to the complex are very
important. He asked that the Committee take into consideration the fact that, depending on the type
of event, a large number of people could potentially be exiting the facility at one time.
Mr. Meyer related that individuals in the area have indicated a willingness to sell property to provide
the necessary access to the major arterials.
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In response to an inquiry by Helen Kelly, Assistant City Manager Perry related that there was funding
in the Solid Waste Utility's budget for acquisition of a 2.5-acre parcel, however, this purchase had
been placed on hold pending the outcome of the rate hearings.
Council/Agency Member Anderson clarified, for the benefit of Ms. Kelly, that part of the action being
requested was to obtain appraisals on the surrounding property if the results of the wetlands tests
were favorable. Staff would then request authorization to proceed with property negotiations.
While no action was required by the City Council, the Redevelopment Agency took the following
action:
MOTION: Made by Agency Member Kehoe, seconded by Agency Member Cibula, authorizing the
expenditure of approximately$35,280 to perform the following: (1) Enter into a contract with North
State Resources ($12,500) to complete the wetlands analysis; (2) Enter into a contract with J. C.
Draggoo and Associates($16,780)to determine the feasibility of developing a sports complex on the
tentatively selected site and produce a conceptual plan; and (3) Obtain appraisals ($6,000) on the
property adjacent to the City property that may be needed for the sports complex. The Vote:
Unanimous Ayes
LEAGUE OF CALIFORNIA CITIES -Designation of Voting Delegates for the League of California
Cities Annual Conference
(L-040-150)
Mayor Kehoe provided an overview of the Report to City Council dated August 21, 1998, relating
to the need for designation of a voting delegate and alternative voting delegate at the 1998 League
of California Cities Annual Conference scheduled for Friday, October 2, through Sunday, October
4, 1998, in Long Beach.
MOTION: Made by Council Member Cibula, seconded by Council Member Anderson, to appoint
Council Member Kight as voting delegate and Director of Administrative Services Bachman as
alternate voting delegate for the 1998 League of California Cities Annual Conference. The Vote:
Unanimous Ayes
FUTURE CITY COUNCIL POSITION VACANCY - Report and Recommendation from City
Council Committee
(A-050-060)
Mayor Kehoe abstained from discussion and voting on this matter.
Council Member Cibula provided an overview of the Report to City Council dated August 28, 1998,
addressing the need to fill a City Council vacancy upon Mayor Kehoe's resignation from Council and
subsequent seat on the Shasta County Board of Supervisors in January 1999. He cited timing and
cost as two factors prohibiting holding an election, that an election could not be held prior to June
causing a five-month time gap, and cost was estimated between $23,000 and $46,000.
It is, therefore, the recommendation of the Committee that the position be filled by appointment and
that Council discuss how that appointment process should take place. Council Member Cibula
suggested the City immediately begin to accept applications for the future vacancy, that public notice
be made of the process, and that selection be made at the earliest possible date, and no later than 30
days from the date of the vacancy.
Vince Carlton, Canby Road, Redding, expressed opposition to appointing a City Council member.
He stated that appointing an applicant to fill the vacancy because an election would be costly would
inhibit the constitutional rights of the citizens of Redding. Although Mayor Kehoe has done an
outstanding job as the Mayor of Redding, Mr. Carlton suggested that Mayor Kehoe resign his seat
by November 10, 1998, thereby allowing time for a special election by March 1999.
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Dwight Bailey, 941 Mussel Shoals Road, Shasta Lake City, also suggested that Mayor Kehoe step
down early to allow an election by March 1999. He stated that the cost of an election puts money
back into the economy and would be a good use of funds.
City Attorney Wingate noted that the decision to call an election or make an appointment to the
position could not occur until there is a vacancy, although that does not preclude the City from
inviting applicants for a possible future appointment.
Council Member Anderson suggested an application be developed by staff, including pertinent
information such as education, community activities, length of time as a City resident, and why they
would like to be a member of the City Council. It was the consensus of Council that application
forms be approved at the City Council meeting of September 15, 1998.
Council Member Cibula emphasized the importance of the appointment being an open process.
SOLID WASTE TRANSFER/RECYCLING FACILITY - Operating Parameters
(S-020-550)
Assistant City Manager Perry provided an overview of the Report to City Council dated August 21,
1998, relating to operating parameters of the Solid Waste Transfer/Recycling Facility in preparation
for the Utility's first rate increase hearing since 1992. This report was requested to determine what
flexibility in operating parameters is available in order that current rates be least affected. Alternatives
include 1)increasing or decreasing hours of operation for the Household Hazardous Waste Facility
from the current five days a week, seven hours per day; 2) retaining equal fees for City and non-City
residents or increasing non-City resident fees; and 3) retaining average compost pricing or reducing
pricing to increase sales and seek to wholesale compost.
It is the recommendation of staff to reduce the hours of operation at the Household Hazardous Waste
Facility to half days or three days a week; charge non-City, self-haul customers the higher price
imposed at County transfer stations, or raise the price for City residents and non-City residents alike;
and eliminate the retail price formula for retail sales of compost and allow staff to determine the
means necessary to move the material.
Mayor Kehoe asked what measures could be taken to lessen the subsidy caused by illegal dumping
in containers. Mr. Perry stated that containers of businesses could be placed in secure areas or
locking mechanisms could be installed at a cost of$40 per container.
Mr. Perry noted it would be simpler to maintain uniform rates for city and non-city residents or limit
use to city residents only, although ultimately there was no alternative to fee increases. Mr. Perry
stated that while the County does not charge differential rates, County fees are higher than City fees.
He added that he would like to present an actual rate schedule for Council's consideration in the
future.
Mayor Kehoe pointed out that it seemed unfair to increase residents' rates or for City residents to
subsidize non-City residents because it is easier. Mayor Kehoe further stated he would like to see the
issue regarding illegal dumping in containers resolved.
Council Member Cibula asked for more information on the logistics delineating between city and non-
city residents and how it could effectively be monitored.
MOTION: Made by Council Member Anderson, seconded by Council Member Kight, directing staff
to prepare further information for Council's review at a later date. The Vote: Unanimous Ayes
LICENSE AGREEMENT - With Neal Roberts for Wings & Wheels '98 at Redding Municipal
Airport
(A-070-080 & A-090-100)
Development Services Director Swanson provided an overview of the Report to City Council dated
August 19, 1998, relating to a license agreement request by Neal Roberts to facilitate the Wings &
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Wheels '98 event from October 2 through 4 at Redding Municipal Airport. Additionally, Mr. Roberts
has requested increased traffic control at the event for October 3, at an estimated cost of
approximately$1,000. The City appropriated $91,000 in the 1998-99 budget in support of various
community events, although at this point, staff is not aware of any surplus funds which could be used
for Wings & Wheels '98.
It is the recommendation of staff that City Council approve the license agreement request by Neal
Roberts for Wings& Wheels '98, and provide staff direction regarding funding the cost of Redding
Police Department staff support for the event.
Administrative Services Director Bachman clarified that traffic control funding would not have to be
approved in order to approve the license agreement.
Neal Roberts, 1510 Hartnell Avenue, Redding, director of Wings & Wheels, explained that the event
has grown to the point where he feels traffic control, consisting of an officer and two cadets, is a
necessity on Airpark and Flight Avenue. He stated that the event is estimated to draw 12,000 people.
MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to approve
the License Agreement with Neal Roberts for Wings & Wheels '98. The Vote: Unanimous Ayes
Council Member Kight stated he was not in favor of funding traffic control, as it was not budgeted.
City Manager Warren concurred with Council Member Kight concerning the funding, although he
believed the estimated 12,000 people attending the event would significantly impact traffic safety on
Airport Road.
Deputy City Manager Starman noted the organizers could hire a private contractor to control traffic,
stating that this was not a condition imposed by the City.
Mr. Bachman suggested that the event could reimburse the City if funding was not approved.
Council Member Anderson stated that he was against handling budget requests incrementally
throughout the year and that requests should be considered at budget time.
MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to deny
funding for support by Redding Police Department for traffic control at Wings& Wheels '98. Voting
was as follows:
Ayes: Council Members - Anderson and Kight
Noes: Council Members - Cibula and Kehoe
Absent: Council Members - McGeorge
Abstain: Council Members -None
Motion failed.
MOTION: Made by Council Member Cibula, seconded by Mayor Kehoe, that the issue of funding
for traffic control support by the Redding Police Department be brought back before the Council
should there be a determination police presence is necessary or a requirement of the License
Agreement. The Vote: Unanimous Ayes
GENERAL PLAN CONSISTENCY - Urgency Ordinance
(G-030)
Development Services Director Jerry Swanson provided an overview of the Report to City Council
dated August 26, 1998. Mr. Swanson explained that Mr. Milanese, while not submitting an
application for Planning approval or a building permit, discussed a replacement project on his
property at 819-845 Fell Street in the Parkview Neighborhood with various City departments. Mr.
Milanese was not given timely notice regarding an urgency ordinance requiring all zoning and project
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approvals to be consistent with the General Plan. Had Mr. Milanese been present to inform the City
Council of his objections, Mr. Swanson stressed that staff would have still recommended adoption
of the ordinance.
It is the recommendation of staff that City Council decline to rescind or amend the ordinance,
maintaining the legal policy of consistency between the General Plan and development permits as
required by State law. Mr. Swanson apologized to Mr. Milanese on behalf of City staff, and stated
it was important that Mr. Milanese have an opportunity to state his case to the Council.
Todd Milanese, P.O. Box 566, Grass Valley, submitted his letter dated August 28, 1998, to Council,
which is incorporated herein by reference, regarding the failure of staff to notify him of an upcoming
hearing on an Urgency Ordinance, approved by Council on August 18, 1998, which directly affected
the Fell Street project. He opined that Council based its decision on staff's statement that no projects
would be affected by the Urgency Ordinance. He stated that his project meets all requirements and
should be approved.
Diane Milanese, P.O. Box 566, Grass Valley, stated this is not a zoning issue and their project meets
all zoning requirements, and staff misinformation caused delays which led to their project being
denied. She contended that the inability to acquire a building permit in March when this project was
presented was based upon incompetent, prejudicial opinion by Planning Department management.
She cautioned that she and Mr. Milanese would seek legal compensation if necessary.
City Attorney Wingate explained that the Planning Commission determined there was a 15-foot
setback requirement which Mr. Milanese did not agree to, and Mr. Keaney asked the City Attorney's
office to review the determination of the Planning Commission. He discovered that the City had an
ongoing policy of allowing development permits despite the fact zoning was inconsistent with the
General Plan. Mr. Wingate noted there has been a General Plan consistency requirement for zoning
since 1974. He stated there has been some argument in California on whether a project that requires
only a building permit which is inconsistent with the General Plan should be approved; however, the
Third District Court of Appeals has made a determination that all development permits must be
consistent with the General Plan. He advised Mr. Keaney that adopting the Urgency Ordinance,
would eliminate inconsistencies within the City.
Mr. Milanese stated he would have never purchased the property if he knew the General Plan was
in conflict with the R3 zoning. He stated that this never would have occurred if the department
performed its job correctly.
Council Member Cibula stated he was very sympathetic to the Milaneses' position, and that it was
very disturbing to hear the claim that the Planning Department gave misinformation. He submitted,
however, that Mr. Wingate's rendition of the law drove his decision, that he felt bound by the law,
and that Council could not approve a project if it was not consistent with the General Plan.
Council Member Anderson also expressed sympathy for the applicants; however, he was persuaded
by the City Attorney stating it is illegal to grant a permit that is inconsistent with the General Plan.
MOTION: Made by Council Member Cibula, seconded by Council Member Kight, to decline to
rescind or amend Urgency Ordinance No. 2220, maintaining the legal policy of consistency between
the General Plan and development permits as required by State law. The Vote: Unanimous Ayes
MONTHLY FINANCIAL REPORT - Electric Utility
(B-130-070)
Electric Utility Director Feider provided an overview of the Report to City Council dated August 24,
1998, incorporated herein by reference, regarding the Electric Utility's Monthly Financial Report for
July 1998. Retail power sales revenue through July 1998 is 6.2%, or $458,534 below projections,
and wholesale power sales to date are 45.8%, or $1,078,760 above projections. Total operating
revenue is 6.8%, or $667,621 above plan, and operating revenue after energy costs is 5.5%, or
$262,760 below projections.
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Mr. Feider advised that the total cost of electricity through July 1998 is $951,380 above plan. The
Utility's earnings before interest, depreciation, and amortization were 2.6%, or $102,707 below plan.
The current outstanding balance for the Debt Reduction Program is $156.8 million.
It is the recommendation of staff that the report be accepted as presented.
MOTION: Made by Council Member Kight, seconded by Council Member Cibula, to accept the
Electric Utility's Monthly Financial Report and the Electric Utility Industry Activities Update for July
1998 as presented. The Vote: Unanimous Ayes
STRATEGIC PLAN - Electric Utility Department
(E-090-058)
Electric Utility Director Feider presented for Council's consideration the Strategic Plan dated August
1998, incorporated herein by reference, discussing the deregulation and restructuring of the electric
utility industry and providing an outline of strategies to excel in a competitive environment.
It is the recommendation of staff that the Strategic Plan be accepted as framework for future Electric
Utility actions.
MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to accepted
the Strategic Plan as framework for future Electric Utility actions. The Vote: Unanimous Ayes
MONTHLY FINANCIAL REPORT - General Fund
(B-130-070)
Administrative Services Director Bachman highlighted the Report to City Council dated August 24,
1998, incorporated herein by reference, concerning the General Fund's Monthly Financial Report for
July 1998. Total revenue to date ($2.3 million) is $57,703 lower (2.5%) than staff's original cash
flow estimate. Expenditures to date total $3,303,128, or $782,638 (19.2%) below staffs original
cash flow projection.
It is the recommendation of staff that the City Council accept the Monthly Financial Report for July
1998.
Council Member Kight suggested that the reduction in transient occupancy tax revenue be monitored.
MOTION: Made by Council Member Cibula, seconded by Council Member Kight, to accept the
General Fund's Monthly Financial Report for July 1998. The Vote: Unanimous Ayes
REFUNDING OF ASSESSMENT BOND - Tierra Oaks Assessment District No. 1993-1
(A-170-050-750)
City Manager Warren excused himself from the proceedings.
Director of Administrative Services Bachman provided an overview of the Report to City Council
dated August 28, 1998, incorporated herein by reference, relating to partial refunding of assessment
bonds for Tierra Oaks Assessment District No. 1993-1. Mr. Bachman noted at the August 18, 1998,
City Council meeting, staff was directed to develop a report for consideration on refunding bonds for
Tierra Oaks Assessment District. Mr. Bachman noted that Mr. Lonich paid the debt service payment
due on September 2, 1998.
It is the recommendation of staff that Council authorize a refunding of assessments in the approximate
amount of $2,155,000, plus the refinancing of approximately 338,000 in delinquent assessment
installments, plus sufficient funds to insure a 10% reserve for payment of bond debt and to pay the
City's administrative fees, and that an overlapping series of letters of credit be required of Mr. Lonich
which would guarantee payment of those bonds.
David Lonich, 6727 Eastmont Drive, Redding, President of Blackpointe Homes, Inc., maintained that
staffs wish for a 10% reserve and a letter of credit to cover the debt service each year for the first
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five years imposes a double requirement upon Blackpointe Homes. He proposed the reserve fund
being equal to one year's debt service, and posting a letter of credit on an annual basis up to five
years, with the understanding that when the value-to-lien ratio has grown to 4:1, the letters need not
be maintained. Mr. Lonich indicated that while he appreciates the City considering waiving its policy
by reducing the value-to-lien to 2:1, he is concerned the appraisal may just miss that mark. He added
that Stone and Youngberg would like to place the bonds with a more sophisticated holder, and
therefore the risk would be taken by Stone and Youngberg and by the bondholder. He requested,
rather than the City imposing a 2:1 ratio, a value-to-lien ratio greater than 1:1, with the underwriter
taking the attendant risk of explaining that to the purchaser of the bonds.
Mr. Sam Sperry, Bond Counsel for City of Redding, stated that risk would be transferred to the
lending association by mechanism of the letters of credit, and because letters of credit would be
required annually until the value-to-lien ratio reaches 6:1, he suggested imposing a ratio of 4:1.
Council Member Anderson suggested requiring the letter of credit be a five-year renewable letter of
credit.
Mr. Sperry explained that the developer would obtain a one-year irrevocable letter of credit in the
required face amount, and the City would have a demand letter to draw on the letter. The agreement
would note that the developer has to post a renewal letter of credit no later than 30 days before
expiration of the existing letter or the City may draw on the existing letter. The City is also entitled
to draw on the letter in the event of a delinquency in the payment of developer-owned parcel
installments up to the amount of the letter, although only once to that full extent. The City would
have two years of debt service on the standby letter of credit.
Council Member Anderson asked Mr. Lonich for clarification of his Company's plans.
Mr. Lonich indicated that Blackpointe Homes intends to begin building in the Spring. He anticipated
credit being issued by First Bank of Sacramento to develop the first phase, and there are other lenders
willing to talk about financing another phase of the project.
MOTION: Made by Council Member Anderson, seconded by Council Member Kight, to authorize
a refunding of assessments for the Tierra Oaks Assessment District No. 1993-1, in the amount of
$2,155,000, plus refinancing of approximately $338,000 in delinquent assessment installments, plus
sufficient funds to insure a 10% reserve, with a 2:1 value-to-lien ratio. Voting was as follows:
Ayes: Council Members - Anderson, Kight
Noes: Council Members - Cibula, Kehoe
Absent: Council Members - McGeorge
Abstain: Council Members - None
Motion failed.
Council Member Cibula pointed out that the City has a 6:1 value-to-lien ratio policy; and, while
certain situations may call for flexibility, he is very concerned with the public good being the highest
criteria.
CITY TREASURER - Authorization to Begin Recruitment
(A-050-100)
Administrative Services Director Bachman provided an overview of the Report to City Council dated
August 28, 1998, relating to the request for authorization to begin recruitment for City Treasurer to
replace Peggie Linville, who will be retiring effective January 6, 1999. Mr. Bachman noted that in
addition to holding the elected position, Ms. Linville also acts as Administrator - Office of City
Treasurer, and this structure brings about the question of how to undertake her replacement.
It is the recommendation of staff that City Council authorize recruitment through a competitive
process, that the appointee perform the responsibilities of Administrator-Office of City Treasurer, and
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that Council appoint this person to fulfill the responsibilities of City Treasurer. The appointed
incumbent would then be required to run for office in the April 2000 municipal election. Mr.
Bachman referenced a second option which entails waiting until Ms. Linville retires and holding a
special election in June 1999.
Mayor Kehoe suggested the Council appoint a replacement, and the City Manager and staff may ratify
that action if they wish, and he felt more comfortable with the City Council taking the lead.
Council Member Anderson noted the alternative would be to do nothing until the vacancy occurs,
and then appoint someone for the position.
Mr. Bachman suggested another option would be to change the salary for the elected position to a
stipend similar to the City Council's salary and apply the balance to Administrator - Office of City
Treasurer.
Mayor Kehoe expressed concern with preempting a vote of the people, and said there may be a staff
bias to make the position appointed. He believed the action suggested in the staff report would
diminish the viability of the City Treasurer position being elected.
Mayor Kehoe asked that Council take some additional time and defer consideration on the matter in
order to gain supplemental information.
ORAL COMMUNICATION
Mayor Kehoe determined that there were no individuals present who wished to speak.
Council Member Cibula asked for clarification regarding removal of the prepared ordinance from the
agenda concerning the sale of ephedrine. City Attorney Wingate related that the proposed ordinance
would limit the sale of over-the-counter drugs containing ephedrine in an attempt to limit
methamphetamine makers from obtaining this element of the product. He noted that State legislature
recently adopted a statute which regulates over-the-counter sale of ephedrine, a statute which
specifically preempts local ordinances. Mr. Wingate advised that if the Governor does not sign this
legislation, he will bring the proposed ordinance back for Council's consideration.
CLOSED SESSION
(L-100)
Mayor Kehoe stated that pursuant to California Government Code Section 54956.9(a), City Council
will adjourn to closed session for a conference with legal counsel to discuss existing litigation, City
of Redding versus Tri Counties Bank, Shasta County Superior Court Case No. 134735.
At the hour of 11:05 p.m., Mayor Kehoe adjourned the regular meeting to closed session.
At the hour of 11:14 p.m., Mayor Kehoe reconvened the meeting to regular session.
No action was taken.
ADJOURNMENT
There being no further business, at the hour of 11:15 p.m., Mayor Kehoe declared the meeting
adjourned.
APPROVED:
7,, —
Mayor
ATTEST:
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City Clerk 7 J!
09/01/98