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HomeMy WebLinkAbout1992 - MINUTES - 11/4/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 4, 1992 A Regular Meeting of the City Council , of the City of Palm Springs, California, was called to order by Mayor Maryanov, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, November 4, 1992, at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanov Absent: None The meeting was opened with the Salute to the Flag and a Moment of Silence in memory of Eli Birer, former Councilmember. REPORT POSTING OF AGENDA: Report of Assistant City Clerk: Agenda posted in accordance with Council procedure October 30, 1992, in addition, a supplemental agenda posted that same date regarding Item 17, rejecting all bids rather than an award of bid. COMMUNITY REDEVELOPMENT AGENCY, HOUSING AUTHORITY, FINANCING AUTHORITY, industrial Development Authority: No Business APPROVAL OF MINUTES: I't was moved by Reller, seconded by Lyons, and unanimously carried, Maryanov abstaining, that the Minutes of October 21, 1992 be approved. PUBLIC HEARINGS: - None PUBLIC COMMENTS: a) Comment re: Item 2: Joan Taylor, representing the Sierra Club, stated (137- that request is made to the Council to defer action 015) regarding the matter until the completion of the General Plan update; that there have been significant changes in the Palm Hills area, due to the designation of the Santa Rosa Mountain Conservancy, the decline of the Big Horn Sheep, etc. ; that a public hearing should be held regarding the matter; and that it could be incorporated into the General Plan process. b) Comments re: Commission appointments Don Frank, stated that the Council has some tough decisions to make regarding commission appointments; that Tony Aguilar would be a good choice for the (060- Planning Commission; and urged the Council to vote 015) its conscience regarding the Commission appointments. Fred Ebeling, stated that commission appointments should represent the demographics of Palm Springs; that Mr. Aguilar would be a good choice for the Planning Commission; that the appointments for ardy commission should be a consensus of the Council , not just a mayoral choice; that the last City election indicated the people wanted a change; and the indications are that the Council is making the changes in the right direction. Council Minutes 11-04-92, Page 2 PUBLIC COMMENTS b) Comments re: Commission appointments (Cont'd) Tony Aguilar, 1975 Mark Leslie, stated that as a resident of Palm Springs, he believes in being active in City affairs; that there was a need to help educate the Hispanic population in participating in City government, and that he is trying to address that (060- need; that there are people who have leadership 015) qualities that apply for Commissions, that are not appointed; that one of the reasons not to run for public office is to be Free of the restraints of public office; that when one asks for a commission appointment, the reason for applying and serving is out of love for the City; that a balance needs to be maintained on the commission with a diversity of persons representative of the diversity of the City. Anita Rufus, former member of the Human Relations Task Force, stated that members of the task force appreciate the Council ' s spirit in approaching the Human Rights issues; that there should be an attempt made to balance the membership in accordance with the diversity of the community, not a quota system, or a statement of affirmative action, but rather an effort on behalf of the Council to recognize and utilize the diversity of the community. Emile Duverney, 670 N. Hermosa, stated that it is timely for the Council to recognize people in all segments of life; that appointments should be made by all the Councilmembers, not just the Mayor; and that, in his opinion, not enough 'thought has been given for the appointments, and the process should be postponed. c) Comment re: Item 17: Karen Aguilar, 1975 Mark Leslie, questioned the use of funds for the 'youth Center. City Manager stated that the matter would be withdrawn, (109- due to the use of COBB funds; that when the Center 005) reopens the matter will be reconsidered. d) Comments re.. Matters not on the agenda: Gary Bostworth, P.O. Box 366, Palm Springs, commented regarding the American Disabilities Act stating that other cities in the Valley, e.g. , Indio, have received grants for the construction of the curb cuts; that in June, 1992, it was suggested that the curb cuts be included in the budget process; that the regulations will only be stricter in the future; and that the City should comply with the mandate of the regulations. Linda Cooper Lee, concurred with Mr. Bostworth' s comments; and stated that there is no access to sidewalks without the curb cuts; that there are no street lights on Tahquitz, resulting in hazardous conditions during the night, and making it difficult for people who get around in wheellchairs; and she recommended portable toilets be available during street fairs. Council Minutes 11-04-92, Page 3 PUBLIC COMMENTS: d) Comments re: Matters not on the agenda (Cant'd) Moe Salem, 1485 Avenida Caballeros, stated that he owns and operates gas stations, and such has a profit margin of 4-7t 'per gallon, and cannot be profitable unless convenience items are also sold; that in order to have a convenience store, a use permit is required by the Planning Commission; that there are limits as to square footage; that he has been denied the access to sell items at his station; that he questions why other stations are allowed to sell items when he is not; and requested that the Council consider his request to sell convenience items at his stations. (Note, Planning Director to contact him. ) Greg Rupert, 64-200 20th Avenue, stated that he owns a sixty-acre parcel , including a portion recently annexed to the northern portion of Palm Springs, that which he plans to build an industrial park on; and he requested that the Council grant a conditional use permit to allow a small used car lot to be located on Indian Avenue next to I-10; that after the car lot has been established, the industrial park will be started; that he has obtained the necessary licenses and inventory for the venture, and would requested Council granting the approval . City Manager clarified the Conditional Use Permit process; and requested Mr. Rupert contact the Planning and Zoning Director. LEGISLATIVE ACTION: 1. MUNICIPAL CODE AMENDMENT - MASSAGISTS On October 21, 1992, the Council continued consideration (103- of amendment to the Municipal Code concerning massagists 001) and massagists establishments, pending clarification as to how the amendment relates to existing provisions. Mayor requested deferral until January 6, 1993. It was moved by Schlendorf, seconded by Relller, and unanimously carried, that the matter be deferred to January 6, 1993. 2. TRACT 17043 - IMPROVEMENT AGREEMENT SECURITIES Recommendation: That the Council approve En amendment to the Subdivision Improvement Agreement with Palm Hills Land Corp. , concerning Tract 17043, and substitution of improvement securities therefore. City Manager withdrew the matter from the agenda. 3. MUNICI:PAL CODE AMENDMENT - ALARMS On October 21, 1992, the Council introduced ordinance to amend the Municipal Code to provide annual permit fee (103- for alarms, and authority to establish charges for false 001) alarms. Mayor recommended that the matter be deferred to November 18, 1992. It was moved by Reller, seconded by Lyons, and unanimously carried, that the matter be deferred to November 18, 1992. Council Minutes 11-04-92, Page 4 4. P.S. DISPOSAL SERVICES - RATE INCREASE & BOND AMENDMENT \ Recommendation: That the Council approve a 3.8% rate / increase effective January 1, 1993, excluding County dump fee rate and single-family dwelling uinit rates; and amendment to Agreement 3082 to provide a 30-•day cancellation notice for an unconditional performance bond. City Manager reviewed the staff report. City Attorney stated that questions regarding the bond issuance had been resolved; that the bond could be cancelled by the issuing party; that the contractor does have the option of substituting a cash bond; that'., the contractor does have the option of cancelling the bond with the bonding company; that the contract is written with encouragement not to request rate increases; that there is a built in CPI increase of 3%; that once the contractor, requests (148- Council to consider an increase higher than 3%, the option 001) is available to deny any increase for the, year; that the contractor is requesting a 3.8% increase for commercial rates; that during negotiations, the effort of the negotiating team was to protect residential rates; that precedence will be set for a standard of reasonableness for future negotiations; and that the CPI is 3.8%. Councilmember Hodges stated that the company is operating at a deficit due to the cost of legal negotiations for the present contract; that a rate increase based on that fact is not reasonable; that the contract was agreed to; that the contract included replacement of equipment; that if the company is having problems with fulfilling i the contract, the offer should not have been made originally; that if the company was having financial difficulties during negotiations, the offer should not have been made to the City; that the contract provides an annual increase of 3%; that if the Company desires more, it takes the chance that any increase can be denied; that all businesses are experiencing difficult times; that perhaps the Company needs to cut back; that contracts should not be entered into if the contract cannot be kept. Councilmember Reller noted that the company is entitled to an automatic CPI increase of 3%, and that the increase is due in January, 1993. Councilmember Lyons stated that the request is only .8% higher than the automatic increase, and that it does not effect residential rates. City Manager stated that rate increases were a sensitive part of the negotiations; that the automatic 3% increase was agreeable to try to keep requests reasonable; that if the CPI increased beyond the automatic increase rate the contractor has the option to request Council consideration; and that the rate increase was requested before the contract took effect. Councilmember Schlendorf stated that one of the reasons the contractor had problems breaking even was due to the purchase of new equipment required in the contract; that the criteria for a rate increase is a part of the contract; that additional information is needed regarding costs to indicate the need for the 3.8%; and requested information be provided regarding the difference between a rate increase of 3% and an increase of 3.8%. Council Minutes 11-04-92, Page 5 4. P.S. DISPOSAL SERVICES (Cont'd) Mayor stated that part of the contract does allow for Council review for more than a 3% increase; that in consideration of the request, Council should consider whether costs are unusual , whether the amount of the requested increase is warranted, whether the contractor is not otherwise adequately compensated by other rates and charges provided for in the agreement, whether the schedule of rates and charges in Palm Springs is commensurate with surrounding communities, and whether the contractor is making a fair return on its investment, that the Finance Director indicated that the contractor is operating at a loss; that the Council can warrant the increase, unless it is felt the contractor is wasting money; that the contractor is expecting the 3% increase in January 1993; that the increase and date of increase is a part of the contract; 'that the criteria for more that the 3% is listed in the contract; and that the CPI is 3.8%. Motion by Hodges, seconded by Schlendorf, to deny any increase, and amend wording for Performance Bond was subsequently withdrawn. It was moved by Hodges, seconded by Schlendorf, and unanimously carried, to continue the matter to November 18, 1992, and direct staff to compile information relating to rate increases of both 3% and 3.8%. 5. P.S. INTERNATIONAL CLASSIC JAll FESTIVAL - SANCTIONING Recommendation: That the Council sanction the P.S. International Classic Jazz Festival , December 30, 1992 - January 3, 1993; and temporarily suspend the sign, zoning and noise ordinances. Director of Public Relations/Special Events reviewed the (050- staff report. 007) Mayor clarified that the promoter is requesting temporary suspension of the Sign Ordinance, but not in-kind services, or seed money. Director of Public Relations/Special Events stated that the suspension will allow hanging of banners, and the building of a stage; that the event will benefit the Desert Fashion Plaza and will be held in its garden area; that the New Year' s Eve parties will be held in two different hotels; and that the hotels are in favor of the events. Councilmember Lyons questioned the timing of the events; stating that he thought that the best time to have such an event is in January, when the season has slowed. Councilmember Reller questioned the impact on staff time, relating to public relations. Director of Public Relations/Special Events stated that she has no time to donate; that the request is to allow Council sanctioning of the event; by which the promoters can more easily obtain sponsorships. Council Minutes 11-04-92, Page 6 5. P.S. INTERNATIONAL JAll FESTIVAL (Cont'd) Councilmember Schlendorf stated that this is an out-of-town promoter requesting sanctioning; that the Dixieland Jazz Festival should be given this same type of opportunity, which is a local organization, that has tried to get City assistance on numerous occasions; that the Festival is held in May, which is a slow time for tourism; and since it fills hotels, it should be given more help. Director of Public Relations/Special Events stated that it would be a pleasure to work with the Dixieland Jazz Festival ; that this is for one-year sanctioning, and that if the Dixieland Jazz Festival requested sanctioning, perhaps both could be approved by the Council . Resolutions 17977 and 17978 as recommended, respectively, were presented; after which. it was moved by Lyons, seconded by Schlendorf, and unanimously carried, that R17977 and 17978 be adopted. 6. FLEXIBLE BENEFIT PLANS - IRS SECTION 125 Recommendation: That the Council approve plan documents and administration agreement with Benefit America, Inc. for implementation of a flexible benefit plan for all city employees - A3163. City Manager reviewed the staff report, and no further report was given. (110- Councilmember Reller questioned if BenefitAmerica was 006) the only company considered. City Manager clarified that there were other companies considered by a team of the differing bargaining units; and that this was the company recommended for Council approval . Resolution 17979 as recommended was presented; after which, it was moved by Lyons, seconded by Schlendorf, and unanimously carried, that R17979 be adopted„ 7. P.S. HIGH SCHOOL - SECURITY OFFICER On October 21, 1992, the Council continued consideration of recommendation to approve agreement with the School District to provide a full-time police officer on the High School campus for the 1992-93 school year - A----. — (126- City Manager requested the matter be continued to November '.005) 18, 1992. It was moved by Reller, seconded by Schlendorf, and unanimously carried, that the matter be continued to November 18, 1992. Council Minutes �4 P.13 11-04-92, Page 7 LEGISLATIVE ACTION: 8. ORDINANCE FOR SECOND READING & ADOPTION (Intro 10-21-92) In answer to question by the Mayor, Councilmember Schlendorf stated that there had been no public protest. Assistant City Clerk read title of Ordinance 1428, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, (064- AMENDING CHAPTER 3.84 OF THE MUNICIPAL CODE AND ADDING 003) SUBSECTION 3.90.230 (z) TO INDICATE THE BUSINESS LICENSE TAX FOR TEMPORARY RETAIL SALES. It was moved Reller, seconded by Schlendorf, and unanimously carried, that further reading be waived and that Ordinance 1427 be adopted. 9. P.S. DESERT RESORTS CVB - BYLAWS At the October 27 study session, Council requested that the proposed amendments to the PSDRCVB be discussed with possible direction to the Council subcommittee. City Manager stated that the proposed amendments had been distributed to the Council at Study Session; and that direction is needed. Mayor stated that three specific concerns are whether the name should be changed to Palm Springs and Desert Resorts Convention and Visitors Bureau, to which the Director of the Bureau had indicated that 'io change the name would be costly due to 'literature, stationary, etc. ; regarding termination of membership requiring the year payment, with no voting rights; and whether to urge a (050- provision that if one terminates at the end of the year, the cost of termination of membership would be at the 008 old rate, not the upcoming rate. Councilmember Lyons stated that if the City elects to pull out of the CVB it is because the CVB is not doing a good job, and questions how the City's money is being misspent; and that by issuing the intent to terminate, the Council would be giving up rights for policy, but should have a vote in any monetary decisions. Councilmember Schlendorf stated that the termination fee proposed to be increased to $700,000 is disturbing; that a compromise could be that the proposed CVB budget when sent, could not be changed if the Council opted to pull out; particularly if the Council does not have voting rights. Councilmember Lyons and Reller concurred. Councilmember Hodges stated that with any governmental body, a budget is subject to change. Councilmember Lyons stated that the budget for the CVB is an advertising budget, and costs can be determined much easier than an entity that is dealing with many diverse functions. Mayor stated that the budget for the CVB is based on the Transit Occupancy Tax; that Councilmember Hodges is correct in the surmising that the budget has to be based on the revenue generated by the TOT; and that it could differ from the projections. Council Minutes 11-04-92, Page 8 9. P.S. DESERT RESORTS CVB - BYLAWS (Cont-d) Councilmember Schlendorf stated that her concern is that the Resolution affecting the fee increase to $700,000 was conditional ; that if the City of Palm Springs withdrew membership, the fee would drop back to $400,000; and that there are some changes in the Joint Powers Agreement that all Cities needed to come to agreement on; and that if the conditions were not met, the fee will not qo to $700,000. Mayor stated that there is not alot of choice regarding the increase of $700,000; that the City made an agreement with the hoteliers, that at the end of the year it will be incorporated as .8% of the Transit Occupancy Tax; and that the commitment should be honored. Councilmember Schlendorf concurred with Mayor and added that the Council should consider requesting a name change to Palm Springs and Desert Resorts Convention and Visitors Bureau; that the identity of the City belongs to Palm Springs; that the goodwill and identity is Palm Springs; and that the name should stay with the City„ Mayor stated that the name change has been rejected by the task force; that the cost would be too iniuch to implement the change; and that when the Bureau was first set up, it was Palm Springs that insisted on the current name; and now would be requesting the name be changed again. Councilmember Lyons questioned if the City withdrew from the Bureau, would the name still remain the same. Councilmember Hodges suggested that the amendment include, if Palm Springs withdraws, the name should be changed to delete "Palm Springs". Councilmember Lyons and Schlendorf concurred. Councilmember Hodges stated that it is not necessary for the Bureau President to carry the title of Treasurer; and that the two should be kept separate; that this is the first time the document has been :seen; that there are many issues in the document that may need to be clarified. Councilmember Schlendorf stated that the treasurer, and auditor should be separate positions, because it allows for a check and balance. Councilmember Lyons clarified that many corporations carry titles in that fashion. City Manager stated that as a point of clarification, the Council is directing that the document include wording that if Palm Springs withdraws, so goes the name; and requested clarification for any other strategic points. Mayor stated that in addition, members should have voting rights. Councilmember Hodges stated that there is a sunset clause on the ordinance, and questioned the elate of approval of the CVB budget. O S Council Minutes 11-04-92, Page 9 9. P.S. DESERT RESORTS CVB - BYLAWS (Cont'd) Mayor stated that the Ordinance would need to be changed; and that the budget for the Convention and Visitors Bureau uses figures six months in arrears. Director of Finance clarified that the figure used for projected revenue of .6% is for small hotels, and the .8% is for the larger convention hotels; and added together they equal the 1.4% used in projections. Councilmember Hodges stated that amendments can only be passed with two-thirds approval of the rest of the Cities; that if the other Cities do not agree with the Council 's findings, the agreement can be passed without the City of Palm Springs' issues. Mayor stated that he thought the funding formula would be considered a "deal breaker", but the three issues would be brought before the Executive Committee, e.g. , the name change, the funding formula, regarding the .8% and the retention of full voting right for the . termination membership year. 10. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: The following items are of a routine nature, and may be approved by one blanket motion upon unanimous consent. Review by City Manager of Consent Items to be clarified. Council request Item 11 and 17 be separated for discussion. 11. MO 5108 amending contract with M. Kassinger Construction Inc. (117- for an increase of $11,940 for remodeling six restrooms at 005) Angel Stadium, CP92-22, A3152. (See item 20) 12. Res 17980 approving transfer and assignment of CATV franchise (089- from Coachella Valley Television, a division of Palmer 005) Communications, Inc. , to Colony Cablevision of California, a division of Providence Journal Company; and rescind MO 4770 which approved such action to Palmer Cable Associates. 13. MO 5104 approving completion of a real property acquisition feasibility study by Creative Power Management, Inc. , for (147- $25,000 - A3164. '004) 14. MO 5105 approving amendment to contract with James Dunphy Co. , for an increase of $9,461.50 for improvements at the (109- Senior Center, CP90-36, funded by CDBG funds - A3114 006) 15. Res 17981 amending the budget to appropriate $68,212 to provide funding for previously approved contract with JHK & Associates (061- for General Plan and Annexation EIR consulting services. 014) 16. Res 17982 approving destruction of certain Finance Department (151- records. 001) Council Minutes 11-04-92, Page 10 CONSENT AGENDA (Cont'd) 17. MO 5106 reject bids for Block Grant contract for air conditioning and painting at the P.S. Youth Center, CP92-23, CDBG funded - A----. (See item 21) 18. MO 5107 authorizing contract with J.M. Montgomery Consulting Engineering Inc. , not to exceed $50,000 for Phase II services (127- for the Wastewater Treatment Plant, including field sampling 001) and preparation of an air toxic emissions inventory report, in compliance with AB 2588 - A3165. 19. Res 17983 and 17984 approving Payroll Warrants and Claims (086- & Demands. (Note: City Manager responded to questions raised 011) regarding purpose of a number of warrants, which are a matter of record, and on file with the Director of Finance) Resolutions 17980 through 17984 and Minute Orders 5104 5105 and 5107 were presented; after which it was moved by Lyons, seconded by Reller, and unanimously carried, that R17980 - 17984 and M05104, 5105 and 5107 be adopted. 20. ANGEL STADIUM RESTROOM REMODEL Recommendation: That the Council approve an amendment to contract with M. Kassinger Construction Company for an increase of $11,940 for remodeling of six restrooms at Angel Stadium, CP92-22, A3152. Mayor and Mayor pro tem abstained due to client interests; and Councilmember Reller chaired the matter. City Manager introduced the Disability Coordinator, Phil Kaplan and added that the Coordinator serves as a liaison between the disabled community and the City; that many (117- projects have been reviewed regarding disabled access, 005) parking spaces and identifying intersections for curb cuts; that meetings have been held with Kassinger Construction about the wheelchair inaccessibility to restrooms at Angel Stadium; that the remodel of the stadium restrooms could be folded into the Council Chamber restroom remodel ; that the contractor is familiar with disabled user needs; that the facilities will have to be retrofitted; that by dovetailing the two projects, the completion will be faster; that Kassinger was 20% lower in its original bid from other contractors. Councilmember Schlendorf agreed that the disabled access needs to be completed, and staged that clue to the money involved, the project should go out to bid. Minute Order 5108 as recommended was presented; after which, it was moved by Lyons, seconded by Reller, and carried by the following vote, that M05108 be adopted. AYES: Lyons and Reller NOES: Schlendorf ABSENT: None ABSTAIN: Hodges and Maryanov Mayor declared the motion adopted. Councilmember Schlendorf questioned the ruling of the passed motion; and added that the Councilmember's Handbook provides that matters involving payment must have three affirmative votes. Council Minutes 11-04-92, Page 11 20. ANGEL STADIUM RESTROOM REMODEL (Cont'd) City Attorney stated that the item could be reopened at the next meeting; and that if the payment requires three votes, then the motion passage could be questioned. Mayor questioned if the Film Festival vote could likewise be questioned. Councilmember Reller stated that if the contract is required to be bid; there will be a delay in the completion of the project. Disability Coordinator stated that the project needs to be completed before February, 1993. City Attorney stated that staff could be directed to compile a report to Council regarding the disabled access throughout the City. Councilmember Hodges stated that Council has been asking about curb cuts for the past 2, years; that it is time for the City to take some responsibility to get something done. City Manager stated that the staff is sensitive to the disability issues; that there has been coordination within various project to meet the regulations imposed by Federal law; that there are projects involving street work, within the City, that are being done by other entities; that the City can recommend to those agencies concerned, regarding disabled access; but that the recommendations are simply recommendations. Mayor stated that there have been implications that there have been no recent curb cuts within the City. Councilmember Reller stated that in a recent project, curb cuts were included. Director of Public Works stated that funds for curb cuts were not budgeted until this fiscal year; but that other priority matters replaced the budgeted items, i.e. remodelling of restrooms. Councilmember Hodges stated that the budgeted funds should be used for their designated purpose. Mayor questioned staff application for grants. City Manager stated that staff is pursuing many avenues; and that there are concerns for the disabled. 21. P.S. YOUTH CENTER Recommendation: That the Council reject bids for Block Grant contract for air conditioning and painting at the Youth Center, CP92-23, CDBG 92-93. (OS5- Councilmember Lyons stated that when the Youth Center 001) reopens, the matter should be expedited regarding the contract. Minute Order 5106 as recommended was presented; after which, it was moved by Lyons, seconded by Reller, and unanimously carried, that M05106 be adopted. Council Minutes 11-04-92, Page 12 ADDED STARTERS: None 22. COMMISSION APPOINTMENTS: a) Planning Commission Appointment, unexpired term ending 6-30-94. Mayor asked that this matter be continued to an adjourned meeting on November 10. b) Visitor & Promotion Board, new category "representative of the real estate industry" for term ending 6-30-94. Mayor appointed Mike McClean, after which; it. was (060- moved by Hodges, seconded by Schlendorf;, and unanimously 024) carried, that appointment be ratified. COUNCIL REPORTS & REQUESTS: None STAFF reports & requests: None PUBLIC reports & requests: a) Tony Aguilar, 1975 Mark Leslie, stated that clarification needed to be made regarding the upcoming (060- Planning Commission appointment; that, in his opinion, 015) he is not being confrontational , but standing up for his beliefs; that statements have been made that a real estate person will not be appointed to the Commission; that the action does leave the point open to challenge; that if a person is qualified, they should be considered for appointment: regardless of being a realtor; that there should be a cross-section of the community; and that the Council should be aware of the legall implications of excludiing persons with the profession of real estate. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Tuesday, November 10, 1992, Large Conference Room, City Hall , 3 p.m. JUDITH SUMICH J Clerk By: PATRICIIf'A. S NDERSI Assistant City Clerk