HomeMy WebLinkAbout1976-12-21; City Council; 4042; Third Year Housing & Community Development Block Grant. :-41�
CITY OF CARLSBAD
AGENDA BILL NO.�i
D cember 21 1976
Initial:
Dept.FId. �}-
e
DATE: C. Atty.
DEPARTMENT:
PLANNING C. Mgr.
—
Subject: THIRD YEAR HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT
Statement of: the Matter
The City has participated in the Community Development Block Grant Program
for the past two ,years as a non -entitlement City in the Sin Diego County
application. In the past, the County has allowed the City to select pro-
jects based on the local needs assessment. This year, however, the County
Staff has proposed to the Board of Supervisors that all of the Urban County
HCD monies be used for housing and housing -related activities.
Prior to taking action on this proposal, the Board of Supervisors has asked
for comments from all non -entitlement Cities. Carlsbad has been asked to
respond by December 23.
The City must, as in the past, execute the necessary Cooperative Agreement
and Assurance Forms to participate as a non -entitlement City in the third
year Urban County application. Executil,.i of these agreements does not
obligate the City to a specific course of action with regard to project
selection.
Exhibits:
Memorandum from the Planning Department dated December 16% 1976
Cuoperation Aqreement
HUD Assurances Form
Recommendation:
That the City Council forward a letter to the Board Supervisor statinq
their position on the third yeard HCD funding as outlined in either
Alternative 01 or Alternative #2 of the attached staff memorandum.
That the City Council authorize the Mayor and the City Attorney to execute
the Cooperative Aqreement and Assurances Form for participation in the
third year San Dieqo County Housina and Community Development Block grant
application.
Council action
12-21-76 It was agreed that the City convey to the Board of Supervisors
the City would follow Alternate #2 set forth in Memorandum dated
December 16, 1976 from the Planning Department.
1-4-77 The Mayor and City Attorney were authorized to execute the
Cooperative Agreement and Assurances Form for participation in
the third year San Diego County Housing and Community Development
Block Grant application.
1
1
MEMORANDUM
i
December 16, 1976
T0: CITY COUNCIL
FROM: PLANNING DEPARTMENT
i
SUBJECT: Housing and Community Development Block Grant.
FIRST AND SECOND YEAR GRANTS
The City has participated for the past two years as a non -entitlement
city under San Diego County's Housing and Community Development Block
Grant Program. Of the two first year HCD projects, the wheelchair
ramps have been completed and renovation of the Magee House is under-
way. The second year HCD projects (renovation of the Harding Street
Community Center, installation of lights and landscaping at -Chase
Field, and construction of Inner City sidewalks) have been funded and
are going through environmental review and contract preparation.
THIRD YEAR GRANT
The County Staff has proposed that the Board of Supervisors
sttake
a
different approach with third year HCD funding.
In the entitlement cities were allowed to use their share of the HCD al-
location as they deemed fit, providing that the projects met the
requirements of the act. This year County Staff has proposed that
all of the $4 million urban county allocation be devoted to housing
and housing -related activities, and distributed on the basis of
need. The county's recommendation stems, in part, from recent court
cases and HUD communiques which have established that:
1) Housing is the main focus of community development activity.
2) All projects must benefit low and moderate income people.
3) Housing Assistance Plans (required as part of the HCD application)
must be serious statements of intent.
4) The Board of Supervisors of an urban ccunty is responsible -cr the
content of the entire application.
THIRD YEAR PROGRAM PROPOSAL
The County Staff's proposal for third year funding is that the entire
Urban County allocation be devoted to the following four projects:
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1) Residential rehabilitation- Loan subsidies and/or grants;
2) Sites for new construction - Land write down or lease back for
developers building rental units for low income persons;
3) Capital improvements - Site improvements and Nublic facilities in
conjunct-io —with—rehabilitation or new low income construction;
4) Planning and housing program develo_�ment - Techniques for reducing
development costs.
The cts
be
red
he
percentage�oftfunds nallotedhow eto eachse eprogram lhas not �been eo made yet.
The Board of Supervisors has asked that, prior to taking action on
the proposal, non -entitlement cities be consulted. The main issues
which affect Carlsbad, as a non -entitlement city are:
1) Equity of distribution- The County Staff proposes that the grant
be distributed eased on need and a jurisdiction's ability to
effectively use the grant. There is no guarantee Carlsbad would
receive the expected $103,000 which it is allotted by HCD distri-
bution based on population and poverty index. However, conceivably
Carlsbad could receive more than its "fair share" allocation.
2) Local selection of projects - The County Staff's proposal pre-empts
the local agency's ability to set its own project priorities.
Carlsbad could make the case that the city's lo%i income housing
goals are being actively pursued and that other activities serving
the area's low and moderate income citizens are a greater priority.
3) Housing program allocation - The proposal does not specify what
proportion of the funds are to be appropriated for each of the
four housing -related programs. Thus, there is no guarantee that
the program allocations would coincide with Carlsbad's needs (e.g.,
Carlsbad might determine that residential rehabilitation is the
greatest local need, whereas the County might allocate the majority
of funds for land write down or leaseback.)
RECOMMENDATION:
Staff recommends that the City Council respond to the Board of Super-
visors request for comments in one of the following ways:
ALTERNATE rl
The Council may inform the Board that Carlsbad wishes to receive its
"fair share" allotment and to maintain project selection authority as
in the past. The Council could point out that the City already has an
active housing assistance program and that there are other pressing
needs in the community which are eligible for HCD funding. This action
would not prohibit the County or other non -entitlement cities from
pursuing housing activities as proposed.
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ALTERNATE #2
The Council may inform the Board that Carlsbad concurs with the pro-
posal for allocating all HCD monies for housing and housing related
activities, providing that:
DHW:ar
1) Carlsbad would be assured of receiving benefits
equal to or greater than the $103,000 expected
to be allotted to the City based on HUD calculations;
2) Carlsbad would be given the flexibility to use
those housing monies on any or all of the four
programs proposed, as deemed necessary by the City.
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1
COUNTY
OF S A N
DIEGO
OFFICE OF MANAGEMENT AND BUDGET• 1600PACIFIC HIGHWAY
SAN DIEGO, CALIFORNIA 92101 TELEPHONE (714) 236-2006
CLIFFORD W. GRAVES
ASSISTANT CAD /
OFFICE OF MANAGEMENT AND BUDGET jJf
Y
December 14, 1976
Mr. Robert C. Frazee
Mayor of the City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Mayor Frazee:
BOARD OF SUPERVISORS
JACK WALSN
/IRST DISTRICT
DICK BROWN
SGCONO DISTRICT
LOU CONDE
TMIRD DISTRICT
JIM BATES
FOURTH DISf RICT
LEE TAYLOR
FT. 0ISSTRICTSTRICT
Pursuant to Federal Housing and Urban Development Regulations, 24 CFR,
Parts 570.105 and 570.102, I am hereby notifying the City of Carlsbad
of your right not to be included in San Diego Urban County's 1977
Third -Year Community Development Block Grant (CDBG) Application, and
of the need for execution of the attached Cooperation Agreement if
Carlsbad chooses to participate with the County.
Assuming Carlsbad chooses to participate in San Diego County's Third -
Year CDBG Application, the attached "Cooperation Agreement between
the County of San Diego and City of Carlsbad" must be approved by
your Council and returned for action by the Board of Supervisors no
later than January 11, 1977. That will allow time for Board action
and transmittal to HUD by the February 1, 1977 deadline. You will
note that the Cooperation Agreement also requires execution of HUD
"Assurances"
Assurances form HUD 7015.12 by your mayor and city attorney. A copy
of HUD 7015.12 is also attached. Neither the Cooperation Agreement
nor the Assurances are substantially changed from those of the first
or second -program year.
You should specifically note that Carlsbad cannot be beneficiary of
urban county CDBG funding if the city chooses to withdraw. If the
city does so choose, notification of that choice should be in writing,
from your chief executive officer and submitted to the HUD area office
no later than February 1, 1977.
If I can be of help in this regard please don't hesitate to correspond.
Yours truly, ,
rn
ES S.WIL 05 N, Jr
sing and Communi y
velopment Director
JSw:sHC:ee
Attachment /
cc: City Manager ✓
A COOPERATION AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND TELSUY OF ARL cR n_—
FOR A C01IMUNITY
z
DEVELOPMENT PROGRAM
THIS AGREEI—TNT is made and entered into this day
19 , by and between. the County
r^ �
of San Diego, a political subdivision of the State of
Ca"ifornia, hereinafter called "County", and THE
CITY OF CARLS
a =,,;cipal corporation of the State of California, located
,,
in the County of San Diego, hereinafter called "City".
14I THE S S ETH:
Recital A. In 1974, the U.S. Congress enacted and the
President signed a law entitled, The Housing and Community
Development Act of 1974, herein called the "Act''. The said
Act i.3 omnibus legislation relating to Federal involvement
in a wide range of housing and community development activities
and contains eight separate titles.
Recital B. Title I of the Act is entitled, Community
Development, and consolidates several existing categorical
programs for housing and community development into new
programs for such housing and development under block
financial grants. The primary objectives of Title I are
the improvement and development of metropolitan cities and
urban counties or communities by providing financial
12-_3-76
JM:kd
assistance annually for area -wide plans and programs of public
housing, public services and public worts.
Recital C. The County of San Diego has heretofore
re —quested of the Department of Housing and Urban Development
h a= it be qualified as an urban county and thereby become
el-gible for financial entitlements to receive Housing and
;;o unity Development Block Grant funds . Pursuant thereto,
tea County has been informed preliminarily, subject to final
determination, that it will qualify as an urban county and
b€ eligible for funds.
Recital D. The Housing and Community Development Block
Grant Regulations issued pursuant to the Act (the Regulations)
provide that qualified urban counties must submit an application
to the Department of Housing and Urban Development for
funds and that cities and smaller communities within the
metropolitan area not qualifying as metropolitan cities
may join the County in said application and thereby be^ca;e
a part of a more comprehensive County effort.
Recital E. As the applicant, the County must take the
r
full responsibility and assume all obligations of an
applicant under the statute. This includes the analysis of i
a
needs, the setting of objectives, the development of communtty j
development and housing assistance plans, the one-year
community development program, and the assurances or certi-
fications.
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NOW THEREFORE, in consideration of the mutual promises,
parties agree
recitals and other provisions hereof, the p g
as Follows: ?
1. The parties agree to cooperate in undertaking, or
assisting in undertaking, essential coYrmunity development
and 'sousing assistance activities, specifically urban
re-e:ya1 and publicly -assisted housing.
2. The City agrees that it shall be included in the 1
an -,)''cation the County shall make to the Department of
Housing and Urban Development for Title I Housing and
Cc -=.unity Development Block Grant funds under the above
recited Act.
3. The City shall prepare or work with the County
in the preparation of a detailed rroject or projects or
other activities to be conducted or performed within the
City the plan of which Ghat! be included it: the aforest i.d
application.
4. The County agrees to include the City in its
application under the Act and to work with the City in the
preparation of the detailed project or projects or other
activities to be conducted or performed within the City
pursuant to the application.
5. The City and the County recognize that the County ;
shall be the governmental entity required to execute any grant
agreement received pursuant to its application and that it
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shall thereby become legally liable and responsible thereunder
£o the proper performance of the plan and program. The City
aa:aes that it shall fully cooperate with the County in all
cooperative effort hereunder and that it shall do any and all
things required and appropriate to comply with the provisions
of any Grant Agreement received by the County pursuant to
t:e Act and its Regulations.
6. The City agrees and does hereby commit itself to
ndertake, conduct or perform or assist the County in
L-:;ertaking, conducting or performing the essential
co -.,unity development and housing assistance activities
identified in the plan and program contemplated hereunder
pursuant to the Act.
7. All funds received by the County in accordance
with its application shall be identified and allocated to
the specific projects or activities set out in the application
and such allocated amounts shall be expended exclusively
for such projects or activities; provided, however, that a
different distribution may be made when necessary to comply
with Title I of the Housing and Community Development Act
of 1974.
8. The period of performance of this Agreement shall
be for the third program year under the application which
will conm►ence on the date of HUD approval of the County's
application and shall run for 12 consecutive months there-
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,� • � i
• f
after except when modified under the provisions of the �
Regulations. It is anticipated that the said application i
i
will be approved prior to August 1, 1977. All subsequent
periods of performance hereunder shall be agreed to by written
cation of this Agreement, fully executed by the
La= ties.
9. The parties agree that a fully executed amendment
or amendments to this Agreement shall be entered into as
required or necessary to implement a detailed and formulated
plan and program as contemplated hereunder or for the. purpose ,
cf complying with any gran agreement received or the regulations
- �
issued pursuant to the Act.
10. The Mayor and City Attorney are hereby authorized
to execute and submit to the County of San Diego Assurance
Form HUD 7015.12 with respect to the community development
activities carried out within the boundaries of this City.
It is further understood that the Chairman of the Board of
Supervisors and the County Counsel will rely upon the
assurances executed by the Mayor and City Attorney for
ssurance form for submission to HUD.
purposes of executing an A
11. All records of the City respecting this application
and any projects undertaken pursuant thereto shall be open ;
and available for inspection by auditors assigned by HUD y
and/or the County on reasonable notice during the normal
business hours of the City.
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IN WITNESS VIHEREOF, the parties have caused this }
Cooperation Agreement to be executed this day of
l9
r
ii,_s Agreement is appr
oved COUNTY OF SAN DIEGO
as to form and legality
an! it is hereby certified By
t the AgreeMent is in
accordance with State and
local law.
DONALD.L. CLARK, County Counsel ATTEST:
By
Deputy By i
�
i
roved as to form and
THE CITY OF CARLSBAD
—
legality by BY
OBERT C. FRAZEE
MAYOR j
Cityy Attorney}
VINCENT F. BIONDO, JR.
ATTEST:
By
MARGARET E. ADAMS City
CAR S .__._._.---
Clerk
4=
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ASSURANCES
The applicant hereby assures and certifies with respect to the grant that:
(1) it postesws legal authority to apply for the grant, and to e\ecute the proposed program
(2) Its guteming body has duly adopted or passed as an offiaa act a resolution, motion or similar action authorizing the
filing of the application, including all understandings and assurance$ conwined therem, and diiccting and dcagnating
the authorized teptesentatty: of the applicant to act in connection with the application and to provide such additional
information as may be required.
(3) It has complied with all the requirements of OMIt Circular No. A•95 as mortified by Sections 570.300(c) (for
entitlement applicants) or 5 70.400(d) (for discretionary applicants) and that either
(t) any comments and recommendations made by or through clearinghouses are attached and have been considered
pilot to submission of the application: or
(a) the required procedures have been followed and no comments or recommendations have been received.
(4) Prior to submission of us application, the applicant has:
(i) ptovI&d citizens with adequate information concerning the amount of funds available for proposed community
development and housing activmes, the range of activities that may be under taken, and other important program
requirements;
(ti) held at least two pubhc hearings to obtain the views of citizens on community development and housing needs;
and
(tit) provided citizens an adequate opportunity to articulate needs, express preference$ about proposed activities,
assist in the selection of pilorities, and otherwise to participate in the devrlopment of the application ,
(5) its Will executive officer of other officer of applicant approved by IIUD:
(i) Consents to assu.-r the status of a responsible Federal official antler the NationalEnvironmental wint � FR icy Act o )7; and
1969 Imofar as L4e ;rovLtto:s or such Act apply to the applicant's proposed program P
Is authorized and contents on behalf of file applicant and himself to accept the Jt:L+dtction of the Federal coasts
for the pu.•pase of edcreeaent of Ins responsibilities as such an official.
(6) The Community Devtlopatcnt Prog:am has been developed so as to give maximum feasible priority to activities which
will benefit low or moderate income families or aid it% the prevention of elimination of slums or blight. Where all or Part
of ies we
ed to meet
her
ent needs having 3
particular urgency. such needs t Pe Specificallytdesenb described a application tunder rthe Communitunity y
Development Plan
Summit).
l7i lcomply the
regulations, sof Federal atas 74-t and
It ssistd pogm
74.?,ac heyrelate totheappl-c3lion�cccptancc and use Fvdrral funds rot his federally
(8) It udI administer and cnfo� :c the labor stindards requirements set forth in Section 570.605 and HUD regulations
issued to imphrn:nt such to uvemtnts.
(9) it will cornply with all rcqu tements unposed by IIUD concerning sptcial rtqufremerts of law, program requitnment;
and other adutinistralivc Ie"s uemcnts appimed In accordance with federal Management Circular 74.7.
(10) It will comply with Ilia provuj, Ili o1 E\tcutive Order 11296, rolating to evaluation of flood bazards
(Ill it will comply with,
(t) Title Vl of the Qv,l Rights Act of 1964 (P L 88JS2) and the regulations issued putstunt thereto (24 CFR Pall
1). which vtOVU!.s that no person in the United State% shall on the ground of race, color, or national origin, be
e\cluecd tram participation In. Le denied Ilia benefits of, or be othcnv,se subjected to discrimination under any
progtan or activity for which the applicant rectwes 1'Ldel.tl financial assistance and will immediately rake any
measun t neceawry w e[(ectuate Chit asswance. If any real property of structure thereon is providcd or
unproved with %Artilaid of ectuatl financial ranee. ce e\tendcd to the applicant, this assurance shall obligate the
arplicant, of in the case of an) ttanvfer of such pruperty. any transferee, for the period during which the teal
,ucpelty or structure a used for a purpose for which the Federal financial assistance is extruded or fur another
purpose in+ulang the p•ovlsion of similar services or benefits.
II of the Civil Rgthts Act of 1968 (P.L 90.284) as amended, administering all programs and activities
Title VI relating to housing and community rle+elupmtnt m a manner to afrtimativcly further fair housing. and will take
acnon to attirmativeiy further (art homing in the stir tit rental of housing, the financing of hominy, and the
pto+ision of broke:aje senates within the Applwani s junsdlcttun.
HUD•7015.12 (11.75)
r .
(iii) Section 109 of fire housing and Community Development Act of 1974. and the regulations issued pursuant
thereto (24 CFR 570601), which provides that no parson in the United States shall, on the ground of race,
color, national origin of sex, be es.eluded from participation in, be denied the benefits of, of be subjected to
discrimination under, any program or activity funded in whole or in part with Title I funds.
(iv) 6accutive Order 11063 on equal opportunity in housing and nondiscrimination In the sale or rental of housing
built with Federal assistance.
(v) Esecutive Order it 246. and all tegulatiol s issued pursuant thereto (24 CFR Part 130), which provides that no
person shall be discriminated against on the basis of race, color. tehgiun, sex of national origin in all phases of
employment during tire performance of Federal of federally • assisted contracts. Such contractors and
subconuactors shall take affirmative cation to insure fair treatment in employment, upgrading, demotion, of
transfer; recruitment or recruitment advertising; layoff of termination, rates of pay or other forms of
compensation and selection for training and apprenticeship.
(vi) Section 3 of the Ilousing and Urban Development Act of 1968. as amended, requiring that to the greatest extent
fusible oppottuni:ks for twining ant employment be given lower Income residents of the project cats and
contracts for work in connection with the project be awarded to eligible business concerns which ate located in,
or owned in substantial part by, persons residing in the area cf the project.
(12) It will:
(1) In acgalydna rent property in connection with uhe eorrsra+ntty dave'CPtals lion potkln seent block grant ot�w urxden*4 be ruSecl on the
301
greatest extent practicab!e under Stale Law. by the real property qu
of the Uniform Relocation Assistaxe and Real Property Acquisition Policies Act of 1970 (P. L 91.6 *) and the
provisions of Section 302 thereof:
(ii) Pay of fe)mbufss property owners for ncccssuy expenses as specified in Section 303 and 303 of the Act; and
(III) Infotm affcctcl persons of the benefits, policies, and procedures provided for under HUD regulations (24 CFR
Part 42).
(13) 1t will:
(i) Provide fair and reasonable «location payments and assistance s i accordance with Sections and applicable
and 204 of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of I970 and applicable HUD
regulations 424 CI'R ?art 42), to or for farnllics, individuals, partnerships, corporations or associations /ltsplaced
as a result of any acquisition of real property for an activity assisted under the program;
ices
d in Section
5 of the Act
o such
laced
(t)I famili sjindoiduals,sistancepartnershipsyorporatiomi nshorscry
assoch ionsiin the manner provided under sapplic applicable HUD
regulations;
(Iii) Assure trial, vsittsin a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellinns will
be available to such displaced families and Individuals In accordance with Section 205(c) (3) of the Act, and that
such housing will be av-.sdlablc in the same range of elioiees to all such dbpbced persons tegatdless of their race,
color, religion, national origin, ser, of source of income;
(is) Inform affected persons of the benefts, policies, and procedures provided for under HUD regulations; and
(v) Carty out the relocation process in such a manner as to provide such displaced persons with uniform and
consistent services, including any services required to Insure that the relocation process does not result in
different or acparate treatment to sects displa:ed persons on account of their race. color, teliglon, national
origin, sce, ur sourca of income.
yees
om
ic that is or gives
he I'llealls Cc Of
(14) It beinglmotivated by 3 dtshe forrprivateega nnfor h ermselvessOf others. P'.uticula lyothose with ho nt they have family.
business, or other ties
(15) It will comply with the piovisfonsof the hatch Act which limit the political activity of employees.
(16) It Will all records, booive b and the Or d Comptroller
General to :ughhe any
authorized representative access to and the tight to ex-imine
itlat
TKE CITY OF CARLOAD
14AYOR CITY A^_ORUDY
ROBERT C. FRAZEE VINCENT F. BIONDO, JR.
1
RESOLUTION NO. 5032
n
A RESOLUTION OF THE CITY COUNCIL OF TIIE
;
CITY OF CARLSBAD, CALIFORNIA, APPROVING
THE SAN DIEGO URBANIZED AREA FEDERAL AID
URBAN MULTI -YEAR PROGRAM LIST.
4s
5
BE 1T RESOLVED by the City Council of the City of Carlsbad
G
as follows:
7
1. That
the San Diego Urbanized Area 1976-78 Federal Aid
8
Urban Multi -Year Program List, dated January 13, 1977, is hereby
}g}
9
approved.
'
10
PAgSEP,
APPROVED AtiD ADOPTED at a regular meeting of the
11
Carlsbad City
Council held on the 5th day of April 1977
12
by the following
vote, to wit:
13)
AYES:
Councilmen Frazee, Lowis, Skotnicki, Packard -nd Councilwoman
14,
NOES:
None.
15
ABSENT:
None.
16
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f
ROBER'_, C. FRAZEE, MayoY
3.8
19
WEST:
20
21
ORA X. GARDINER, Deputy City Clerk
i
22
(SEAL)
F
23
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y
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1 RESOLUTION NO. '5031
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
3 THE REVISED SAN DIEGO URBANIZED AREA
FEDERAL AID URBAN PROGRAM PROCEDURES.'
5 BE IT RESOLVED by the City Council of the City of Carlsbad
6 as follows:
7 1. That the revised San Diego Urbanized Area Federal Aid
8 Urban Program Procedures, dated February 10, 1977, (Version 5), is
9 hereby approved.
10 PASSED, APPROVED AND ADOPTER at a regular meeting of the
11 Carlsbad City Council held on the 5th day of April , 1977
12 1by the following vote, to wit:
13 AyES; Councilmen Frazee, Lewis, Skotnicki, Packard and CouncilwomanCasler.
14 NOES: None.
15 ABSENT: None.
16
17
1$ ROB RT C. FRAZEE, May
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20 :I TEST: *�
21
22 ORA Y. GARDINER, Deputy City Clerk
23 (SEAL)
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