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HomeMy WebLinkAbout1/20/1982 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES JANUARY 20, 1982 A Regular Meeting of the City Council was called to order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, January 20, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Field, Ortner, Rose and Mayor Doyle Absent: None The meeting was opened with the salute to the Flag. COMMUNITY REDEVELOPMENT AGENCY : Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelop- ment Agency; after which, members reconvened as the City Council . APPROVAL OF MINUTES: It was moved by Field, seconded by Rose, and unanimously carried, that the minutes of December 30, 1981 and January 6, 1982, be approved. PUBLIC HEARINGS: 1 . P.D. 136 - RACQUET CLUB NORTH, LTD. Recommendation: That the Council approve a planned development district for a commercial complex on the NE corner of North Palm Canyon Drive and Racquet Club Road. Director of Community Development stated that the site contains five acres; that a planned development district is being used in order to combine two zones; that issue of widening the N1 of Racquet Club Road was raised, and the Planning Commission thought that the right-of-way was (116) needed and the widening necessary to handle traffic that will be generated; that the proposed resolution was revised to require the applicant to pay for all cost incurred to acquire the right-of-way; and that as a result of discussion at the last study session, it was recommended that the Council also adopt the following motion: That in conjunction with the approval of P.D. 136 and after the developer had made his best effort to acquire needed right-of-way, the City would use its authority to acquire said right-of-way subject to conditions as outlined in the resolution of approval of P.D.D. 136 and subject to commencement of construction of improvements within 90 days of the acquisition. In answer to questions by Council , Director of Community Development stated that a condition of approval was that the developer install the improvements once the right-of- way is acquired; that if the developer could not acquire the right-of-way, then the City would use its power of eminent domain to do so, and if such is the case, then the developer would pay for the cost of acquisition, plus the cost of installation of the improvements; and that if neither the developer nor the City acquires the right-of-way, then there would be no improvement. Council Minutes 1 .20-82 Page 2 1 . P.D. 136 (Continued) In answer to question by Council , City Attorney stated that a public statement of intent to acquire the property triggers certain rights on the part of the property owner, e.g. , requiring City to acquire the property if condemnation is not commenced within six months. In answer to question by Council , Director of Com- munity Development stated that there are no guidelines regarding Desert Water Agency 's water conservation ordinance; that it is anticipated that landscape plans will not result in water running into the street; and that landscape plans will be part of the final develop- ment plans to be reviewed by the Architectural Advisory Committee and Planning Commission. Mayor declared the hearing open. Richard Smith, Eisner-Smith Associates, representing the applicant, stated that the planned development district process is being used as vehicle for providing a better project; that there is no objection to paying for off-site improvements which will result in widening and completing the street from Indian Avenue to Palm Canyon Drive; that the question of who pays and who acquires has not been adequately resolved; and that the developer will remove any portion of whatever type of structure exists with regard to Cortez Road that is on the property, details of which can be worked out in the final development plans. Bob Best, President of Westar, stated that there would CONT'D be no objection to restoring the entire portion of (116) Cortez Road to a natural state, as long as there was approval by the adjoining property owner; that the uses proposed are allowed by right of zone; that there has been a great amount of residential development in the NJ of the City, but a lack of commercial development; that the uses proposed will benefit the residents in the area, and reduce traffic congestion by people having to travel southerly to meet shopping needs ; and that petitions containing over 204 signatures in favor •of the project were presented to the Planning Commission. Sam Wilcox, Long Beach, co-owner of the project, spoke in favor, stating that he has had to provide dedications for both commercial and residential properties, in order to receive street improvement benefits ; that he did not see why the property owner should be paid for a benefit which they will receive; and that the property owner will benefit and be able to sell the property with those improvements already installed. Raul Young, representing architect for the project, indicated his availability to respond to questions. Mel Bigelow, 360 W. Racquet Club Road, stated that he supports the project and believes it would be a great benefit to the northern portion of the City; that he has concerns about dust control , as well as widening of the street; that although his house is for sale, if the street is widened, he will still have to live there; that widening will result in a loss of parking, create a safety hazard, and bring the street to within 7 feet of the house; and that he has not been approached by the developer as to how to take care of the problem. Council Minutes 1-20-82 Page 3 1 . P.D. 136 (Continued) Dana Bigelow, 360 W. Racquet Club Road, stated that there would only be a 4-ft wall between her property and the project, which would leave her feeling insecure in terms of people being able to passby and look into her home; that in order to have access to her garage, it will be necessary to remove a wall and build a driveway from the front yard to the backyard; that widening the street will place her front window 10-ft from the street; that she did not believe it will be possible to sell the property as a residence; that she believed the area eventually would be commercial ; and that the only communication received concerning the street has been from the City. Dean Gastger, 389 Cabrillo, stated that the opening onto Palm Canyon Drive should be wider, and that there should not be an opening on Cortez Road, into the residential area, Paul Selzer, Best, Best & Krieger, attorney representing developer, stated that everyone appears to be concerned about Condition #8; that when the developer first: approached the City, it was recognized that there was a problem with the street, and the developer indicated willingness to pay for the improvement after acquisition of the right-of-way; that the street has been shown on the General Plan Street Plan as a secondary thoroughfare since 1965, and the right-of- way should have been acquired years ago by the City; that petitions in favor of the '.project, containing 204--signatures, were presented to the Planning Commission; that it is clearly a public benefit that the street be widened; that, it is unfair that the developer should have to acquire the right-of-way CONT 'D and any expense in connection therewith should be at public (116) expense; that he :believed the property owners desired to develope the property as a commercial use and to have the improvements that they would otherwise have to install as any other developer would have to install ; and that although the Director of Community Developer has indicated that the position of staff and the Commission has consistently been that the developer pay for the cost of the property, the Commission 's recommendation was that upon acquisition of the right-of-way, the developer install the improvements. He stated that the developer's understanding all along has been that the City would acquire the right-of-way and the developer would pay for the improvements; that the developer has had discussions with the Bigelows and they have indicated they would sell the entire property for $300,000; and that perhaps the improvement can be accomplished through an assessment district. City Manager stated that he believed there was an honest misunderstanding as to the use of words; that he read the original language as placing the requirement of acquisition upon the developer, but later reading suggested that it might be interpreted differently, and the new language was developed; that the new wording apparently dogs not mesh with the understanding of the applicant; that; staff was not recommending the use of an assessment district, which would relieve the burden on the developer and place it on benefitting property owners ; that a reimburse- ment agreement may be possible, which would enable the developer to recover costs as other properties are developed; and that he understood Council concerns at the study session related to d time frame and, if necessary, that the City would use its legal authority to acquire the property. Council Minutes 1-20-82 Page 4 1 . P.D. 136 (Continued) Mr. Selzer stated that the Planning Director gave a clear negative response to the specific question of whether the developer would be required to acquire the property. Director of Community Development stated that there have been a number of discussions about this issue and there was no clear definition as to who would acquire the property; that the possibility of a reimbursement agreement and use of assessment district was also discussed, but it was not clearcut that the City would pay for it; that efforts were made to attempt to get the right-of-way from the property owners if a benefit could be shown; that if the developer offered to pay for the right-of-way and the property owner were willing to sell it, then the developer had the ability to acquire it; that he believed it was clear that when a development occurs and forces an improvement to take place, the cost of that becomes a part of the cost of the development; that the use of reimbursement agreements for off-site improve- ments is not unusual ; and that he believed the proposed language indicated the City would work toward acquisition, but that the cost of same was not a valid one for the C ity. In answer to question by Council , Planning Director stated that this was not the only issue discussed relating to the project; that he was approached by Mr. Smith about the wording relating to the potential CONT 'D improvements, and apparently it was not clear; that (116) the project should not go in without the street improve- ments and the street improvements cannot be constructed without the right-of-way; that the proposed language does not mandate that the developer, personally, acquire the right-of-way, but leaves it to the best possible solution, either the City or developer; that the Right-of-Way Agent believed that the cost would be paid by the developer; and that the main issue was not who was to pay, but how the property would be obtained and who would get it, which was left open for either party to negotiate. There being no further appearances, the hearing was closed. In answer to question by Council , Mr. Smith stated that the developer was concerned that discussion regarding this matter might lead to a continuance or a referral to �:he Planning Commission, which was not their intent; that the only question to resolve is who pays for the acquisition; and that there are other possibilities, e.g. , an assessment district. Councilwoman Ortner stated that she did not think it was fair to make the developer pay for the acquisition, which is a benefit to the community, and would like to have the matter referred to staff to see if alternatives can be. wored out. Mr. Smith stated that they would agree to pay for the acquisition costs, under protest, with understanding that perhaps an assess- ment district could be established. 4�0. Council Minutes ' -20-82 Page 5 1 . P.D. 136 (Continued) Following discussion, the City Attorney suggested that a motion, in addition to the proposed resolution, be CONT'D adopted, as follows : (116) "If necessary to enable developer to comply with conditions of approval of POD #136 (Racquet Club North, Ltd) , within a reasonable time after notice that the developer has used its best efforts, but is unable to acquire the necessary right-of-way, it is the intent of the City Council that the City will acquire such right-of-way, subject to reimbursement of all costs and expenses of such acquisition, as provided in the resolution of approval and developer shall commence construction of required street improvements within 90 days after notice that City has acquired the needed right-of-way; provided that the above shall not preclude use of assessment district proceedings. " Resolution 14119, approving the district, was presented; after which, it was moved by Field, seconded by Rose, and unanimously carried, that Resolution 14119 and the above motion as recited by the City Attorney be adopted. 2. GENERAL PLAN STREET PLAN AMENDMENT - BELARDO ROAD Recommendation: That the Council amend the General Plan Street Plan to change Belardo Road, from Morongo Road to South Palm Canyon Drive, from a secondary thoroughfare to a collector street. (COUNCILWOMAN ORTNER ABSTAINED) Director of Community Development reviewed his report, dated January 20, 1982, and stated that some opposition (101 ) had been received from the Tribal Council , in that it did not feel the designation should be changed until the traffic study, currently under contract, is completed, and that consideration should be given to redesignating the street to its prior 1970 location. He illustrated the impact the Tribal Council recommendation would have on existing development, as well as its relationship to properties in 1970; and noted that, at this time, it would not be feasible to restore the location to that shown in 1970, without destroying the back portion of the Vagabond Hotel . In answer to questions by Council , Director of Community Development stated that portion to Mesquite Avenue will be constructed at 80-ft; that it will tie into Morongo Road, with traffic proceeding easterly to signal at Palm Canyon Drive; that the traffic study may result in some recommendations for the back portion of the property, but the Commission felt confident in recommending a reduction at least to Morongo Road; and that development of the property is expected to occur after completion of the traffic study. Mayor declared the hearing open. John Wessman, 72200 Clancy Lane, Rancho Mirage, developer, spoke in favor of the Commission 's recommendation, and stated that Morongo Road will be 80-ft wide; that he had extensive trafficstudies made for the area, including traffic from the canyon area and the potential use of Belardo Road as a by-pass, which indicated that the street should be 80-ft from Ramon Road to Morongo Road, with a narrowing south of Council Minutes 1-20-82 Page 6 2. GENERAL PLAN STREET PLAN AMENDMENT (Continued) Morongo Road, which would deter people from proceeding southerly; and that it was possible to erect a sign CONT 'D before the Morongo intersection, that through traffic (101 ) to Highway Ill should use Morongo Road. There being no further appearances, the hearing was closed. Resolution 14120, approving the amendment as recommended, was presented; after which, it was moved by Rose, seconded by Field, and unanimously carried, that Resolution 14120 be adopted; Ortner abstained. 3. DEPARTMENTAL CONFLICT OF INTEREST CODES Recommendation : That the Council approve amendments to Fire, General Operations, and Community Development Depart- ments Conflict of Interest Codes, to reflect changes and additions in job classifications of designated employees. Mayor declared the hearing open; there being no appearances, the hearing was closed. (63) Minute Order 3044, approving the amendments was presented; after which, it was moved by Ortner, seconded by Field, and unanimously carried, that Minute Order 3044 be adopted. PUBLIC COMMENTS: a) John Weston, 1077 Capistrano Court, stated that he was aware of Councilwoman Ortner's intent to suggest that the Council consider a commission or committee to act as a liaison between the Council and Police Department, and urged that the Council not take any action until after the Municipal Election, and that it be an issue to be addressed by the new Council . b) Robert Fey, 2000 Madrona, reiterated some of his previous comments regarding method of calculation for the School Impact Fee, and stated that driving up the cost of construction will chase development out of the City. c) Allen Perrier, attorney representing developer of Tract 16544, stated that in the extension of tract maps, absent approval of the developer, the Council does not have the ability to add conditions; that (137) there would be no objection to the mobilehome park closure impact analysis, if other matters could be worked out; that there may be significant changes to the master plan for drainage, and the condition should be changed to require the fee established for Zone 2; and that regarding the School Impact Fee, he did not believe it reasonable to require a fee when the amount is unknown. He stated that the developer is desirous of having the issues resolved, and to obtaining a 2-year extension of the map. i P-I-A Council Minutes -20-82 Page 7 LEGISLATIVE ACTION : 4. TENTATIVE TRACT MAP 16544 - TIME EXTENSION Recommendation: That the Council approve 2-year time extension for the above map, for condominium project on property between Calle Encilia and Calle E1 Segundo, south of Tahquitz-McCallum Way; matter was continued from December 16, 1981 , at request of applicant„ Director of Community Development stated that written consent has not been received from the applicant; relating to the additional conditions for granting (137) the extension, and that in the absence of a verbal consent this date, he would not recommend granting the extension, in which case the map would be null and void, and the applicant would have to start over. He stated that he would not be opposed to a continuance of this item, if the applicant were willing to pursue a better position with regard to the additional condi- tions. It was moved by Ortner, seconded by Rose, and unanimously carried, that this matter be continued to February 3, 1982, to permit further discussion by the applicant with staff regarding the conditions for granting the extension. 5. POLICE PATROL VEHICLES City Manager recommended deferring action to consider cancelling contract to purchase fourteen police vehicles , until the process of seeking bids for a larger model is completed, and both items can be considered at one (84) time; after which, it was moved by Field, seconded by , Rose, and unanimously carried, that this matter be tabled. 6. COMBS-GATES PALM SPRINGS, INC. - SUPPLEMENTAL AGREEMENT Recommendation : That the Council approve Supplemental Agreement No. 2 to Agreement 684 with Combs-Gates Palm Springs, Inc. , fora Fixed base operation at the Airport. (51 ) Transportation Director reviewed his report, .dated January 20, 1982, in particular Attachment 3 thereto, detailing the changes proposed by the supplement:. In answer to questions by Council , Transportation Director stated that Jimsair has a 1981 value of $45,000 per acre; that Combs-Gates had a $22,000 per acre value in 1969; that applying the CPI to the Combs-Gates agreement, the value would be about $48,000 per acre currently from 1969 to this date; that assuming a 100% increase in CPI, the increase for Combs-Gates would be about 51% and 35% for Jimsair over the same period; that the two rents are comparable; and that because of the low base rent for Combs-Gates, a 100 point increase for Combs-Gates would mean more in terms of dollars, than it would for Jimsair for the same point increase. Resolution 14121 , approving the supplement as recommended, was presented; after which, it was moved by Ortner, seconded by Rose, and unanimously carried, Field abstaining, that Resolution 14121 be adopted. 4- 1-Council Minutes 1-20-82 Page 8 7. WHITEWATER RIVER CORRIDOR MASTER PLAN Recommendation: That the Council authorize the City Manager to enter into agreement with the Regional Desert Design Group of Cal Poly Pomona to prepare the Whitewater River Corridor Master Plan in an amount of $9,250. Acting Director of Community Services reviewed his (109) report, dated January 12, 1982, and in answer to questions by Council , stated that the study should take about 5 months to complete; and that other types of feasibility studies would be needed to determine the impact on other city services, regarding the impact of Bureau of Land Management (BLM) lease. City Manager stated that the concept of leasing from BLM is anticipated to come to the Council at its. , next meeting; that there are many other non-land use issues which need to be addressed, and those could be handled somewhat concurrently with the proposed master plan study; that the Planning Commission will need to become involved at some point; and that, although the possibility of seeking consultant assistance has not: be discussed, he would not want to forego that possibility. Councilwoman Ortner stated that it was her understanding that pursuing the feasibility study would follow the master plan. Councilman Rose requested that staff investigate the comment which was made to him that there was a possibility according to POST that the City could lose the ability of getting the property. Minute Order 3045, authorizing City Manager to enter into agreement, as recommended, was presented; after which, it was moved by Field, seconded by Ortner, and unanimously carried, that Minute Order 3045 be adopted. 8. SCHOOL IMPACT MITIGATION FEE Mayor reported request by the School District that this matter be further continued; after which, it was moved by Field, secconded by Rose, and unanimously carried, that this matter be continued to February 17, 1982, per request of the School District. (114) CONSENT AGENDA: 9. Resolution 14122 authorizing City Clerk to accept deed executed by Jean Marie Kapp, for 20 acre parcel in Section (127) 20, in connection with future percolation ponds for the Wastewater Treatment Plant. 10. Resolution 14123 amending the budget to appropriate $4,000 to install a fire detection system and modify existing (61 ) security system at Angel Stadium. 11 . Resolution 14124 approving Tentative Parcel Map 14063 to combine property on Camino Monte Vista between N. Palm Canyon 0 19) Drive and Indian Avenue, commercial building, KWL/A. Yermian. 12. Resolution 14125 approving Tentative Tract Map 17470 for property east of Bogert Trail , north of Andreas Hills (137) 13 lots, Webb/J. Epstein. 13. Resolution 14126 approving Tentative Tract Map 18126 (137) for property on Vista Chino, between Cerritos Road and Sunrise Way, 1-lot for condominium purposes, Ervin/J. Cain: 3 Council Minutes 1-2'0-82 Page 9 14. Resolution 14127 approving Tentative Tract Map 18302 for property on the SW corner of Morongo Trail and Araby (137) Drive, for condominium purposes, Hacker/J . Snedaker. 15„ Resolution 14128 approving destruction of certain recordings of telephone and radio communications. (151 ) 16,. Resolution 14129 approving destruction of specific,: City Clerk records, which are at least two years old, primarily (151 ) dated prior to 1975. 17. Minute Order 3046 awarding purchase of a gooseneck trailer (84) to Bebco, in amount of $7,516.46. 18. Minute Order 3047 awarding purchase of #2 diesel fuel to Spartan oil Co. , in amount of $1 .001 per gallon delivered. (84) 19. Resolution 14130 and 14131 , approving Payroll Warrants and Claims & Demands. (86) It was moved by Rose, seconded by Field, and unanimously carried, that Resolutions 14122 through 14131 and Minute Orders 3046 and 3047 be adopted. 20. PARCEL MAP 17845 - TENTATIVE MAP Recommendation : That the Council approve Tentative Parcel Map 17845 to combine property on Highway 111 , between Calle Palo Fierro and Via Salida, H. Hupe. Director of Community Development stated that the Planning Commission approved the tentative map and the conditional use permit for the restaurant, in one motion, subject to conditions, which were then carried through with the tenative map in presenting it to Council ; that question was raised at the last study session regarding the use of (1.19) in-lieu parking fees; that under the Code, the applicant has the discretion of in-lieu fees for up to six spaces; that a revised plan was submitted subsequent to Planning Commission approval of the permit, which reduced the deficiency to one space; that he did not think -it appropriate to change that discretion mid-stream for this project, but that staff will be looking at the Code provision which seems inappropriate to use in-lieu since mitigation of parking deficiencies in such single areas seems unlikely; and that he would recommend amending condition #1 of the proposed resolution to require a $7,200 in-lieu fee per deficient parking space. Ile stated that the parking deficiency may be totally resolved when final development plans are submitted. Resolution 14132, approving the map, as recommended and revising condition #1 thereof as recommended, was presented; after which, it was moved by Field, seconded by Rose, and unanimously carried, that Resolution 14132 be adopted. L 4 Council Minutes -20-82 Page 10 21 . TENNIS CENTER - SUBLEASE Recommendation: That the Council approve sublease with Stephen A. Solomon, for operation of the Tennis Center, and not seek School District ratification. City Manager stated that letter from the proposed sublessee, together with County Counsel and City Attorney opinions, were reviewed at the last study session; and that if a challenge were to be made (117) by the School District, it would be in everyone's best interest that it do so soon, and if the recommenda- tion is approved, the District will be notified that the City considers this to be a valid lease and to proceed from there. Councilman Rose stated that he had no problem in going forward with the sublease and defending against any action bought by the School District, but questioned whether the City could be placed in such a position that if the District were successful in any such action that the sublessee could bring an action against the City that it gave something which it did not have a right to give, and, if so, whether there should be a written waiver from the sublessee to that right. City Attorney stated that both such actions would be possible, and that there would be a potential for the sublessee if he had spent any money in reliance on the lease prior to resolution of any contest between the City and School District. He stated that he was not aware of any language in the lease which addressed that eventuality. Councilman Rose stated that unless that type of agreement were provided by the sublessee, it would not be appropriate for the Council to approve the action recommended. Minute Order 3048, approving the sublease and not seeking School District approval , was presented; after which, it was moved by Rose, seconded by Field, and unanimously carried, that Minute Order 3048 be adopted, subject to sublessee agreeing not to bring action against the City in the event of a successful action by the School District against the City; language of such agreement to be satisfactory to the City Attorney. 22. MOSQUITO ABATEMENT DISTRICT - APPOINTMENT It was moved by Field, seconded by Rose, and unanimously carried, that John Turlo be reappointed to the Board of (60) Trustees of the Coachella Valley Mosquito Abatement District for the term ending December 31 , 1983. Council Minutes 1-20-82 Page 11 REPORTS & REQUESTS: 23. DEPARTMENTAL REPORTS - Received & Ordered Filed a) CVB - lst quarterly, 1981-82 b) Treasurer's Monthly - July, August, September, 1981 24. CITY COUNCIL reports or requests a) Councilwoman Ortner requested that staff determine whether bus service is being provided for tenants in the AFCOM project, and stated that there does not appear to be any service and it is needed. b) Councilwoman Ortner requested that the Council endorse the concept of a police community relations board, and direct staff to prepare necessary actions for implementation; that the primary purpose of the board would be to create alternate lines of communication between the community and the Police Department and to enhance those which currently exist, and to restore traditional community understanding that the Police Department works to help (113) the community in solving its problems and meeting com- munity needs. She stated that she believed it would reduce tensions and misunderstandings by responding to both police and community needs, and provide the means for both to express their concerns; that the board would be able to anticipate and prevent problems which occur through a lack of communication; and that she believed it should be comprised of responsible spokesmen from the community. Mayor stated that he was not prepared at this time to endorse such a proposal , and would like to see this matter be the subject of a non-agenda study session, to examine that which is currently being done vs. that which Mrs. Ortner would like to see come about; that in looking at additional boards or commissions, it is necessary to look at additional personnel to staff such groups; and that he felt it was also important for the Council to hear from the Police Chief and the Community Affairs Officer as to their perspectives. Councilwoman Ortner requested that this item be discussed at a future study session or Council meeting. c) Councilman Rose stated that he still has concerns as to the viability of the chip seal program, and illustrated recent experience relating to chip seal dust on Suntan Lane. (136;1 City Manager stated that staff is still evaluating the program, and results will be reported back to the Council . d) Councilman Rose requested that when the issue of the School Impact Fee is brought to the Council again, that (114) there be discussion addressing the question of methodology used in arriving at the fee. Council Minutes 1-20-82 Page 12 e) Councilman Rose commented on the effect of morale on police officers as a result of legal inability to release certain information regarding actions taken by fellow officers; that he felt it was important that the officers be aware of the support and regard with which they are held by the Council ; and he (113) would like to indicate that support in some formal manner. He moved that the Council adopt a motion commending and supporting the Police Department; said motion failed for lack of a second. Mayor stated that he met with the officers in one of their briefing sessions, and explained the role of the City in attempting to put to rest the incident which incurred at the Gene Autry Hotel ; that he sent a letter expressing unqualified support of the department, with indication that a similar letter would be sent to the editor of the newspaper; and that he felt if Council- members wanted to show support of the department then they should attend one of the briefing sessions and express their interest. f) Councilwoman Ortner stated that she attended a session with the police officers, and indicated that she had discussed her proposal for a police community relations (113) board about one year ago, and that she felt they were receptive to her comments and her attending the session. 25. PUBLIC reports or requests - None 26. STAFF reports or requests - None ADJOURNMENT There being no further business at 10 p.m. , Mayor declared the meeting adjourned. g � aITH SUMICH City Clerk