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HomeMy WebLinkAbout2001-07-24; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: JULY 24,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:07 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: Lewis, Kulchin, Finnila, Nygaard and Hall. None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, Minutes of the following meetings were unanimously approved as presented (with Mayor Lewis and Council Member Nygaard abstaining from approval of the Special Meeting of July 10th, due to their absence): Minutes of the Special Meeting held June 12, 2001. Minutes of the Regular Meeting held June 12, 2001. Minutes of the Regular Meeting held June 26, 2001. Minutes of the Special Meeting held July 10, 2001. PRESENTATION: Craig Ruiz, Management Analyst, presented the “Outstanding Local Government Supporter of Affordable Housing Award”, awarded to the City of Carlsbad by the San Diego Housing Federation, to Mayor Lewis. Mayor Lewis presented two plaques to Dee Landers, Principal Planner, in honor of her retirement. CONSENT CALENDAR: Council concurred to remove Item No. 5, per a request from the public. ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items 1 through 18,with the exception Item 5, as follows: AYES: NOES: Lewis, Finnila, Kulchin, Nygaard and Hall, None. July 24,200 1 Carlsbad City Council Meeting Page 2 1. 2. 3. 4. 6. 7. 8. A6 #16,279 -APPROVAL OF AN AMENDMENT AND EXTENSION FOR PARKS MAINTENANCE SERVICES. Council adopted RESOLUTION NO. 2001-211, approving an extension and amendment to the agreement with Ponderosa Landscape Inc. for the provision of parks maintenance services. AB #16,280 - APPROVAL OF AN AGREEMENT FOR DISPOSAL OF LOST AND UNCLAIMED PROPERTY. Council adopted RESOLUTION NO. 2001-212, approving an agreement with Property Bureau.com Inc. for auctioning services related to lost and unclaimed property held in custody by the Police Department. AB #16,281- APPROVAL OF AN AGREEMENT FOR PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES. Council adopted RESOLUTION NO. 2001-213, approving an agreement with D- Max Engineering, Inc. for professional engineering and environmental services. AB #16,282 - AUTHORIZATION OF REIMBURSEMENT TO CONTINENTAL RANCH, INC. AND GVP CONSULTANTS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS. Council adopted RESOLUTION NO. 2001-214, authorizing the appropriation of funds and reimbursement to Continental Ranch, Inc. and GVP Consultants for the construction of traffic signals at the intersections of Palomar Airport Road and Melrose Drive, Alga Road and Melrose Drive, and Poinsettia Lane and Melrose Drive. AB #16,284 -ACCEPTANCE OF GRANT. Council adopted RESOLUTION NO. 2001-216, accepting funding for specific projects under the California Law Enforcement Equipment Program High Technology Grant to support various police department technology and equipment needs. AB #16,285 -AWARD OF BID FOR THE CONSTRUCTION OF THE POINSETTIA LANE OVERHEAD WIDENING - PROJECT NOS. 3551, 3442,3829, AND 3810. Council adopted RESOLUTION NO. 2001-217, accepting bids and awarding a construction contract to Herzog Contracting Corporation for the Poinsettia Lane Overhead Widening. AB #16,286 -APPROVAL OF AN AGREEMENT FOR THE PROVISION OF ASSESSMENT DISTRICT ADMINISTRATIVE SERVICES. Council adopted RESOLUTION NO. 2001-218, approving the agreement with NBS Government Finance Group for the provision of assessment district administrative services for various assessment districts. July 24,200 1 Carlsbad City Council Meeting Page 3 9. 10. 11. AB #16,301- APPROVAL OF A REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF REACHES “F” AND “G” OF POINSETTIA LANE. Council adopted RESOLUTION NO. 2001-234, approving a Reimbursement Agreement with Western Pacific Housing - El Camino, LLC for the construction of Reaches ‘IF” and “G” of Poinsettia Lane for the construction of traffic signal improvements at the intersection of Poinsettia Lane and El Camino Real. AB #16,287 -APPROVAL OF INITIATION OF PROCESS FOR ANNEXATION AND DETACHMENT BETWEEN CARLSBAD’S SEWER SERVICE AREA AND LEUCADIA COUNTY WATER DISTRICT FOR LA COSTA GREENS - CT 99-03. Council adopted RESOLUTION NO. 2001-219, approving the initiation of process for annexation and detachment between the City of Carlsbad’s sewer service area and Leucadia County Water District for La Costa Greens. AB #16,288 -APPROVAL OF AN AGREEMENT FOR INSPECTION SERVICES FOR THE PUBLIC WORKS CENTER - PROJECT NO. 35721. Council adopted RESOLUTION NO. 2001-220, approving an agreement with Construction Consultants Collaborative for the construction management and inspection of the Public Works Center. 12. AB #16,289 - REQUEST FOR OUT-OF-STATE TRAVEL. Council adopted RESOLUTION NO. 2001-221, approving out-of-state travel for representatives from Finance and Public Works to attend the Harris Computer Systems 2001 User Conference in New Orleans, Louisiana. 13. 14. 15. AB #16,290 -APPROVAL OF AN AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF A TAPE LIBRARY SYSTEM. Council adopted RESOLUTION NO. 2001-222, approving an agreement with Lighthouse Technology, Inc. for purchase, installation and maintenance of a tape library system. AB #16,291- APPROVAL OF EXTENSION AND AMENDMENT NO. 1 TO THE ANNUAL TREE TRIMMING AGREEMENT. Council adopted RESOLUTION NO. 2001-223, approving extension and amendment No. 1 to the agreement with Henderson Tree Service for the annual tree trimming service. AB #16,292 -APPROVAL OF CONTRACT FOR LEGISLATIVE ADVOCACY ON BEHALF OF THE CITY OF CARLSBAD. Council adopted RESOLUTION NO. 2001-235, approving a consultant agreement with Joe A. Gonsalves and Son for legislative advocate services. July 24,200 1 Carlsbad City Council Meeting Page 4 16. 17. 18. AB #16,293 -APPROVAL OF AN AGENCY SHOP ARRANGEMENT WITH THE CARLSBAD CITY EMPLOYEES’ ASSOCIATION (CCEA). Council adopted RESOLUTION. NO. 2001-224, approving an agency shop arrangement with the Carlsbad City Employees’ Association. AB #16,294 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT CARLSBAD VILLAGE DRIVE AND PONTIAC DRIVE - PROJECT NO. 3847-l. Council adopted RESOLUTION NO. 2001-225, approving plans and specifications, and authorizing the City Clerk to advertise for bids for the construction of a traffic signal at Carlsbad Village Drive and Pontiac Drive. AB #16,295 - APPROVAL OF AN AGREEMENT FOR NETWORK INTEGRATION AND MAINTENANCE SERVICES. Council adopted RESOLUTION NO. 2001-226, approving an agreement with MTMnet, Inc. for technology integration and maintenance services for the citywide computer network. DISCUSSION OF CONSENT CALENDAR ITEM: 5. AB #16,283 - ANNUAL BENEFIT ASSESSMENTS FOR BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA. Mayor Lewis noted that Peter Rimmer had submitted a request to speak on this item and asked him to come forward to the podium. However, Mr. Rimmer did not respond. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-215, adopting annual benefit assessments for the Buena Vista Channel Maintenance District. AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. ORDINANCE FOR ADOPTION: 19. AB #16,296 -AMENDMENT OF TITLE 1.20 REPLACING “VICE-MAYOR” WITH “MAYOR PRO TEM.” ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-597 replacing remaining Municipal Code References to “Vice- Mayor” with “Mayor Pro Tern”. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. July 24,200 1 Carlsbad City Council Meeting Page 5 PUBLIC COMMENT: Zell Dwelley, 2771 Wilson Street, President of the Carlsbad High School Booster Water Polo Club, asked that the closing of the Monroe Avenue Pool for repairs be reevaluated. She said that an October/November pool closure would occur during the Water Polo Team Season and conflict with the CIF Competition. Ms. Dwelley suggested that the pool be closed for repairs in December, which would not conflict with CIF Competition. J. B. Feaster, 4314 Sea Bright Place, Head Water Polo Coach at Carlsbad High School, expressed concern that the Monroe Avenue Pool is scheduled to be closed during the middle of the Water Polo Season. In response to Council, he said that May- September is the “down time” for high school athletics. He said May to June there are no high school teams using the pool. Mr. Feaster said he has tried to find pool time in other communities to accommodate the team, if the pool is closed for repairs, however, he was unable to identify any additional available pool time for his team. Ed Moser, 2021 Lee Court, said La Costa Canyon also uses the Monroe Avenue pool, too. He explained that this conflict occurs each time repairs to the pool are needed and perhaps the repair schedule needs to be reevaluate. Mattias Scape, a member of the Water Polo Team said their team is in contention for CIF. He asked that the pool not be closed in October, which is in the middle of their Water Polo Season. Brad Armstrong, 1953 East Point Avenue, a member of the Water Polo Team, also expressed concern that the pool not be closed in the middle of their season. Greg Horman, 1736 Havens Pt. Place, said he is also a Water Polo Coach and works with Mr. Feaster. He spoke of the need to have the pool open for their entire season. He said they have tried to find pool time during the scheduled Monroe Avenue Pool repairs, but they are unable to find any other pool to use. In response to Council, Ken Price, Recreation Director, said the pool is open 362 days per year and is in current need of repairs. The last repairs were done in December and January, 1992-93, and those repairs were delayed due inclement weather. Carl Pope, Aquatics Supervisor, said the plaster pool shell was replaced in 1992-93 with a fiberglass shell. He described the need for the current repairs. Mr. Pope explained the length of the repairs bidding process. In response to Council, Mr. Pope explained that when the high school teams are not using the pool, there are city programs offered at the pool. He noted that attendance for the City programs increase in the spring and summer. July 24,200 1 Carlsbad City Council Meeting Page 6 Ron Ball, City Attorney, suggested that the closing of the pool issue be placed on a future agenda for Council discussion. Mayor Lewis said he would like more information on the current safety condition of the pool and whether it should be shut down now. Council concurred to direct staff to return with a report on the following: program impacts; safety; schedules; and, alternatives. ANNOUNCEMENTS Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Saturday, July 28, 2001 - 6:30 p.m. Community Development Director Marty Orenyak Retirement Event La Costa Resort and Spa 2100 Costa Del Mar Road, Carlsbad Sunday, July 29, 2001 - 8:00 a.m. Carlsbad Triathlon Tamarack Beach Parking Lot Carlsbad Boulevard, Carlsbad Wednesday, August I,2001 - 5:30 p.m. Acura Tennis Classic Event La Costa Resort and Spa 2100 Costa Del Mar Road, Carlsbad Saturday, August 4, 2001 - 6:00 p.m. Fire Chief Dennis Van der Maaten Retirement Event La Costa Resort and Spa 2100 Costa Del Mar Road, Carlsbad PUBLIC HEARINGS: 20. AB #16,297 - STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. In response to Mayor Lewis, Lorraine Wood, City Clerk, verified that legal notice of this public hearing had been published on June 29, 2001 and that the required Certificate of Compliance is on file the for public inspection. Virginia McCoy, Administrative Coordinator, Special Districts, presented the staff report. She reviewed a Power Point Presentation (on file in the City Clerk’s Office). Galen Peterson, Consultant, explained the formula that was used to determine the amount of the general benefit. July 24,200 1 Carlsbad City Council Meeting Page 7 Mr. Peterson said no written or verbal protests have been received. In response to Council Member Finnila, Ms. McCoy said staff will put together alternatives for funding, which will be presented to Council at a later date. Mayor Lewis opened the duly noticed public hearing at 7:lO p.m. and asked if anyone wished to speak on this matter in any way. Since no on asked to be heard, he closed the public hearing at 7:ll p.m. ACTION: AYES: NOES: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-227, confirming the diagram and assessment and providing for the levy of the annual assessment for street lighting and Landscaping District No. 1; and, Council adopted RESOLUTION NO. 2001-228 approving the transfer of funds from the City’s General Fund to three special funds as further detailed in the approved “Engineer’s Report” for the City of Carlsbad Street Lighting and Landscaping District No. 1 for Fiscal Year 2001-2002. Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 21. AB #16,298 - ZC Ol-03/LCPA Ol-04/CDP 01-07 - LYNN PARCEL MAP. Van Lynch, Associate Planner, and Bob Wojcik, Deputy City Engineer, presented the staff report. Mayor Lewis opened the duly noticed public hearing at 7:18 p.m. and asked if anyone wished to speak on this matter. Bill Lynn, applicant, said he was present to answer questions. Seeing no one else wishing to speak on this matter, the Mayor closed the public hearing at 7:20 p.m. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-598, amending Section 21.05.030 of the Carlsbad Municipal Code by an amendment to the Zoning Map to grant a zone change, ZC 01-03, from L-C to R-1-7,500-Q on 2.027 acres located on the west side of Black Rail Road, south of Poinsettia Lane and north of Aviara Parkway in Local Facilities Management Zone 20; and, July 24,200l Carlsbad City Council Meeting Page 8 Council adopted RESOLUTION NO. 2001-229, adopting a Negative Declaration and approving a Zone Change, Local Coastal Program Amendment, and Coastal Development Permit to rezone a two acre parcel generally located on the west side of Black Rail Road and south of Future Poinsettia Lane in Local Facilities Management Zone 20. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. 22. AB #16,299 - CT OO-lG/PUD 01-Ol/SDP OO-IPICDP 00-44 - POINSETTIA PROPERTIES PLANNING AREAS 2,3, AND 4. Dee Landers, Principal Planner, presented the staff report. In response to Council, she discussed the vernal pools and pedestrian access points through the train tracks in relation to the project. Council Member Finnila said she would like to see a wading pool for the children. In response to Mayor Lewis’s concerns regarding traffic flow in Zones 5 and 6, and placement of a traffic signal, Bob Wojcik, Deputy City Engineer, explained that when the traffic project analysis was done, the project did not meet the warrants for a traffic signal. Ron Ball, City Attorney, noted that substantial evidence is needed to support a decision of installing a traffic signal. At this time, substantial evidence does not exist . Mayor Lewis expressed concern for the safety of those turning north out of the gate area. He said that the cars would be turning against the flow of traffic. Council Member Finnila suggested that the issue of installing a traffic signal could be reviewed in the future. Mr. Wojcik said that the project could be conditioned that the developer posts a bond for the future construction of a traffic signal. The City would hold the bond for 5 years and then the need for a traffic signal could be reanalyzed. Council Member Hall noted that the developer has decreased the density of this project Council Member Finnila asked that Hofman Planning Associates’ correspondence dated July 20, 2001 be entered into the record regarding a revised condition concerning individual regulating valves. In response to Council, Bob Wojcik, Deputy City Engineer, said that staff has determined that individual valves are acceptable. Ron Ball, City Attorney, suggested that if Council wishes to include the language, as presented in the Hofman July 24,200 1 Carlsbad City Council Meeting Page 9 correspondence, and the traffic signal bonding, Resolution No. 2001-230 could be adopted tonight with appropriate amendments. However, he said he would like the developer’s representative to comment on the future improvement agreement for a possible future traffic signal. Mayor Lewis opened the duly notice public hearing at 7:46 p.m. and asked if anyone wished to speak on this matter in any way. Mike Howes, Principal Planner, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, (Consultant to the Applicant) spoke in support of the project and said they spent a lot of time meeting with the surrounding neighbors. Mr. Howes said they would be willing to post a bond for the possible future traffic signal, as suggested earlier by Mr. Wojcik. He also said that they would review the possibility of including a wading pool in the project. David DiRienzo, Vice President of John Laing Homes, Dove Lane, Newport Beach, (Applicant) agreed with Mr. Howes that they would be willing to post a bond for the possible future traffic signal, as suggested earlier by Mr. Wojcik. However, he said they would prefer posting the bond for four years, as opposed to five years. He also said that they would review the possibility of including a wading pool in the project. Seeing no one else wishing to speak, the Mayor closed the public hearing at 7:54 p.m. Mr. Ball suggested that language for two items be added to the resolution: (1) individual pressure regulating valves, and, (2) bonding for the traffic signal. Council concurred. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-230, with the following amendments: 2. Condition No. 72 of Planning Commission Resolution No. 4997 is replaced by this condition which shall read as follows: “A developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer lift station (located at proposed Lot No. 225) and pressure reducing station (located approximately at proposed lot Nos. 17, 18 and 19) required to serve the project. As an alternative, individual pressure regulating valves may be installed for each individual unit subject to approval of the City Engineer. All plans shall be prepared to the satisfaction of the City Engineer - Design.” 3. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law a traffic signal to be located at the intersection of Macadamia Avenue and Avenida Encinas. This Subdivision Improvement Agreement to install the traffic light secured with the appropriate security in the amount estimate d by the City Engineer shall remain in July 24,200 1 Carlsbad City Council Meeting Page 10 full force and effect for five years from the date of its execution and shall be installed if, within this five year period, the City Engineer determines that warrants are met for the installation of this signal. The developer or owner shall make an irrevocable offer of dedication to the City for the right-of-way necessary to locate, operate and maintain this signal and that offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. ADJOURNMENT TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis recessed to the Carlsbad Municipal Water District Meeting at 8:03 p.m. with President Lewis and all four Board Members present. ADJOUNRMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION MEETING President Lewis adjourned the Carlsbad Municipal Water District Meeting at 8:04 p.m. to the Carlsbad Housing and Redevelopment Commission Meeting. Chair Lewis and all four Commissioners were present. RECONVENE TO THE CARLSBAD CITY COUNCIL MEETING Chair Lewis adjourned the Carlsbad Housing and Redevelopment Commission Meeting at 9:19 p.m. to the continuation of the Carlsbad City Council meeting. Mayor Lewis and all four Council Members were present. DEPARTMENTAL AND CITY MANAGER REPORT 23. AB #16,302 - FORMATION OF A CITIZEN’S COMMITTEE TO STUDY THE PROPOSED SIGN ORDINANCE AND REPORT ON ANY RECOMMENDATIONS FOR REVISIONS THERETO. Council concurred to make the following appointments to the Citizen’s Committee to study the proposed sign ordinance: Mayor Lewis appointed Bailey Noble, representing the Northwest Quadrant. Council Member Kulchin appointed Rich Barns and Joe Bear, representing the Southeast Quadrant. Council Member Finnila appointed Julie Spitzer and Guy Roney Ill, representing the Northeast Quadrant. July 24,200 1 Carlsbad City Council Meeting Page 11 Council Member Nygaard appointed Bill Lantz and Harry Prigg, representing the Northwest Quadrant. Council Member Hall appointed Leslea Rutledge and Joyce Kennedy, representing the Southwest Quadrant. Mayor Lewis also announced the following appointments: Bob Ladwig, representing the Chamber of Commerce Diane Scheer, representing the Carlsbad Village Business Association Kurt Burkhart, representing the business community at large Bill Huss, representing the business community at large Rick Blakemore, representing the business community at large Scott Brusseau, representing the business community at large Ray Patchett, City Manager, said that staff would make a presentation at the first Sign Ordinance Citizen’s Committee Meeting. He recommended that the Sign Ordinance Citizen’s Committee report directly to Council. Mr. Patchett said that staff would be returning to Council to authorize the retention of a facilitator. Council Member Kulchin read a memo from Ron Ball, City Attorney, (not on file in the City Clerk’s Office) regarding suggested language to Resolution No. 2001-236, changing the date that the Committee’s report must go to the Planning Commission from September 19, 2001 to September 4, 2001. Gary Wayne, Assistant Planning Director, described the timeline that must be followed in order to have an effective ordinance in place by December, 2001. He noted that the Planning Commission’s recommendation and the Committee’s Report must be placed on the Council agenda no later than October 23, 2001. Council Member Hall expressed concern that there will not be adequate time allowed to collect all of the public input. He said that adequate time is necessary for the Committee to prepare a valid report. Council Member Finnila noted that the Committee can meet as many times as necessary, during the time period described by Mr. Wayne. Council Member Kulchin asked if the Urgency Ordinance could be extended, if necessary. Ron Ball, City Attorney, said no and explained that the law allows an urgency ordinance to be extended once for a maximum of two years. He noted that the Sign Urgency Ordinance has already been extended once. Council Member Kulchin said she shared Council Member Hall’s concerns regarding the short time period. However, she noted that time if of the essence because the urgency ordinance will expire in December. July 24,200l Carlsbad City Council Meeting Page 12 ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-236, forming a Citizen’s Committee to make recommendations on the proposed sign ordinance amendments, with the following changes: 7. That once the Citizens Committee has prepared a report to the City Council or by September 4, 2001, whichever occurs first, the Committee shall be dissolved; and, That the initial members of the Committee shall be: Kurt Burkhat-t Bill Huss Rick Blakemore Scott Brusseau I Business Community at Large Business Community at Large Business Community at Large Business Communitv at Larae AYES: Lewis, Kulchin, Finnila and Nygaard. NOES: Hall. ABSENT: None. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2001-237, authorizing the City Attorney to Retain the Services of an Attorney Specializing the Constitutionality of Sign Ordinance Regulations. AYES: Lewis, Kulchin, Finnila, and Nygaard. NOES: Hall. ABSENT: None. July 24,200 1 Carlsbad City Council Meeting Page 13 24. AB #16,300 - PERSONNEL BOARD APPOINTMENTS ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2001- 231 reappointing Marni Betz to the Personnel Board; and, Adopted RESOLUTION NO. 2001-232 appointing Norman Weiss to the Personnel Board. Adopted RESOLUTION NO. 2001-233 reappointing Donald Martin to the Personnel Board; and, AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. PUBLIC COMMENT: None COUNCIL REPORTS AND COMMENTS: Council Member Finnila said that the Historic Carlsbad Self-Guided Tour Brochure is now available. She said it shows the walking trails to visit historic sites in Carlsbad. CITY MANAGER COMMENTS: NONE CITY ATTORNEY COMMENTS: NONE ADJOURNMENT: By proper motion, the regular meeting of July 24, 2001 was adjourned at 9:36 p.m. submitted, \->City Clerk / i Janice Bdeitenfeld Deputy City Clerk