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HomeMy WebLinkAbout1992 - MINUTES - 11/18/1992 CITY OF PALM SPRINGS CITY COUNCIL MINUTES NOVEMBER 18, 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 18, 1992 at 7:30 p.m. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Schlendorf, and Mayor Maryanov Absent: None The meeting was opened with the salute to the Flag and an invocation by Dr. David Jenkins, Community Church of Palm Springs REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on November 13, 1992. PRESENTATIONS: a) Presentation of Amateur Softball Association National Tournament Award of Excellence - Recipient: Vicki Oltean, Parks, Recreation & Golf Course Department. b) Presentation: P.S. High School Student Body Monthly Report given by Angie Leon, President of the Associated Student Body. c) Sandy Spivak on behalf of the Village Center for the Arts presented tickets to the Councilmembers for the Center's 20th Anniversary production of The Nutcracker, which is celebrating its 100th worldwide anniversary. COMMUNITY REDEVELOPMENT AGENCY, HOUSING AUTHORITY, FINANCING AUTHORITY, AND INDUSTRIAL DEVELOPMENT AUTHORITY: No Business 1. PUBLIC NUISANCE ABATEMENT - 2580 E. TAHQUITZ CANYON WAY Consideration of appeal filed by Michel Meshkat, Palm Towers Apartments, from posting of a public nuisance notice concerning carob trees nearest the intersection of Tahquitz Canyon way and Farrell Drive affecting intersection and traffic signal visibility. (Mr. Meshkat requested a continuance to early December). Code Enforcement Officer Hudak reported that the property is in receivership; that the receiver is in agreement (057- that the trees are causing a problem, and need to be 001) removed, and has requested that the nuisance be abated, and the property billed; that Mr. Meshkat lost control of the property, and the receiver is in full control of it. City Attorney stated that the Council is free 'to disregard Mr. Meshkat's request, hold the hearing, and establish the lien. Mayor declared the hearing opened; there were no appearances, and the hearing was closed. It. was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the trees be removed, the nuisance abated, and a lien established. Council Minutes 11-18-92 Page 2 2. TENTATIVE TRACT IMP (l[TM) 27388 - COACHELLA 'VALLEY HOUSING COALITION Staff Recommendation: That the Council continue and extend TTM 27388, amended, for a period of 90 days in order for staff to evaluate the proposed project based on the proposed Housing Policy Statement. City Manager recommended that this matter be continued. Director of Planning & Zoning reported that the recommendation is to continue it for another 90 days, in order to work out housing policy issues. He stated that this matter has been on prior agendas; that the intent is to develop a self-help housing project; that the staff is currently reviewing the overall housing strategy, and will be looking to see if this project still fits into that plan; that the Commission recommended approval of (137- the land use for the tentative map, and that the continuance 084) will address housing policies and financing for the project. Councilmember Schlendorf questioned why an extension is recommended, noting that the first occasion was based on the developer not having completed appropriate paperwork; and the second related to statement that the housing policy and approval of the map would be one more step toward approval of the project; and that she questioned why, if the property is the City's, that approval of the tentative map was tantamount to approval of the project. City Attorney stated that approval of the map would create lots that would facilitate the proposed project on the property; that the developer has asked for financial assistance, and if the project is not feasible, it may not be desirable to have the property divided in such a manner; that a draft agreement was submitted to the developer, but never executed, nor does it meet the financial assistance now being requested; and that approval of the map does not impose a legal obligation to approve the project. He stated that the hearing may be opened, and continued to a date certain, otherwise notice is required. In answer to question by Council , Director of Planning & Zoning stated that another map was approved for the overall site for future phases, which included this site; that he has not been directly involved with the CVHC, and that the tentative map could be approved, but he preferred the opportunity to discuss the matter with the Director of Economic Development, and if desired, a period shorter than 90 days could be approved. He added that a re-notice would take about 30 days. Councilmember Lyons noted that the developer originally did not ask for funding; that the amount is now $600,000; that once the housing plan is in place and the housing needs are known, the Council will have a better idea as to what will produce the most for the money spent. Councilmember Schlendorf stated that she did not feel there had been a full reporting of the matter, and the map should have been processed by now. Mayor declared the hearing opened; there were no appearances. It was moved by Lyons, seconded by Reller-Spurgin, and unanimously carried, that the hearing be continued to December 16, 1992. Council Minutes 11-18-92 Page 3 PUBLIC COPMENTS: a) Comments re Item 9: The following persons spoke in opposition to the alarm ordinance, on the basis that persons who own an alarm should not be charged is they do not have false alarms; that only false alarm offenders should be charged for such offenses; that additional disclosures will be placed on realtors to inform new buyers; that 95% of the alarms are false alarms; that it is difficult to sell homes now, and another fee and inspection is not needed; that alarm standards change, which may result in existing alarms needing to be upgraded, or disconnected; questioned whether inspection would trigger other code enforcement; that there should be a one time registration fee; that immediate burden will fall on sellers in escrow, who may have to upgrade (103- systems that buyers would otherwise have been satisfied 001) with, if the permit situation had not been disclosed; that existing ordinance is not enforced, and questioned how the new ordinance will be administered; and that the liability should not be placed on realtors: Rod Dow, President of the Board of Realtors. Robert Fey, 458 S. Palm Canyon. Scott Lyle, Vice-President, Board of Realtors. Myra Goldwater, Realtor. Jeanie Mockridge, Prudential California Realty. Madeline Brechlin, Realtor. Manny Segal , Palm Springs, expressed similar comments, and stated that no one should pay a fine for any offense. Fred Ebeling, Palm Springs, suggested that the burden be placed on the alarm companies who install the systems, and place penalty on people causing the problem. LEGISLATIVE ACTION: 3. ALLOCATED POSITIONS & COMPENSATION PLANS, 92-93 AMENDMENT NO. 1 Staff Recommendation: That the Council amend the Allocated Position & Compensation Plans for 1992-93, effective December 31, 1992, to change Water Pollution Control Manager, MX25 to Water Environmental Manager, MX23; and title of Water Pollution Control Supervisor to Water Environmental Supervisor; and adjust the salary range of the City Engineer from MX30 to MX 32. Changes are a reorganization upon the retirement of the incumbent Water Pollution Control Manager, and will save the General Fund in excess of $90,000. (061- 013) City Manager reported that the resolution will be revised to eliminate the salary range adjustment for the City Engineer, as a result of review with the Public Works Director and the City Engineer, both of whom recognize the city's current economic situation. Resolution 17987 revised as recommended to delete salary range adjustment for City Engineer, was presented; after which, it was moved by Hodges, seconded by Schlendorf, and unanimously carried, that R17987 be adopted. Council Minutes 11-18-92 Page 4 4. P.S. DISPOSAL SERVICES -- RATE INCREASE & BOND AMENDMENT On November 4, 1,992, the Council continued to this date the consideration of staff recommendation that the Council approve a 3.8% rate increase effective January 1, 1993, excluding County dump fee rate and single-family dwelling unit rates; and amendment to Agreement 3082 to provide a 30-day cancellation notice for an unconditional performance bond. The continuation was requested pending clarification of how 3% and 3.8% would affect: rates. Director of Finance reported that the increase would apply to commercial rates, and does not affect dump fees; and that the Council can approve from 0-3.8%. Bob Kuznik, P.S. Disposal , stated that previously rates were adjusted annually on October 1, last occasion in 1991; that such increases were based on the CPI , including a reduction in rates in 1986; that a variety of elements affect the rates, including new services imposed by AB939; that the timing for the increase appears awkward, however, the new contract package included and recognized changes in the cost of doing business, and allows for the increase; that the increase meets the letter, intent and spirit of the agreement; that it does not recover cost of negotiating the agreement, which are separate costs; that a 30-day notice is required for its customers, and asked that a decision be made this date. He also commented ( on recycling and collection of materials, and changes148- n 148- that will result in reduced service from twice weekly 001) to once weekly, with allowance for increased volume of household waste in recognition of the less frequent pickup; that when a permitted compost -Facility -is established, the changes in residential collection are to be implemented, creating one pickup per week for household, and one for yard waste; that Palm Springs is the only community receiving twice weekly, backyard pickup service. In answer to questions by Council , Mr. Kuznik stated that a new fleet was part of the original negotiations, not required by State mandate, and fell out in the final package; that 40% of the waste stream -is yard waste, however, he did not know what percentage of residents have gardeners who may haul their debris; that there are two preprocessing sites which most gardeners are using to dispose of the waste. It was the consensus of the Council that the issue of yard waste and weekly service needs to be placed on a future agenda for study and discussion. Councilmember Lyons stated that it is bothersome that the contract just went into effect, and a request at a later date for an increase might have been more palatable; that the contract might have been negotiated differently, however, it allows for the company to come for an increase in October, and he favored a compromise position to allow the 3% that the contract provided would have been automatic without the specific request; and that he did not favor punishing the company just because it raised the issue and asked for .8% more than the 3%. Councilmember Reller-Spurgin pointed out that the new contract provided that the company could come before the Council and ask for an increase to be effective January 1, 1993. Council Minutes 11-18-92 Page 5 4. P.S. DISPOSAL (Continued) Mayor added that the automatic increase would be equal to the CPI, but not to exceed 3%, or the company would waive its right for the automatic increase if it asked for more than the CPI. Councilmember Schlendorf stated that the contract provided that conditions would have to be met if the request for the increase exceeded the CPI; that when the company asked for the 3.8%, the Council needed to look at the conditions, and she did not feel they have been met; and that the company's financial problems can stem from things that should have been expected as a result of contract negotiation. Mayor stated that the commercial rates are eighth from the bottom compared to other cities, yet the highest for residential which includes a higher level of service, i .e. , backyard pickup, and that perhaps it should be looked at as to whether that is desired and whether people are willing to pay for it; and that he is willing to approve the commercial rate increase for not more than the contract amount of 3%. Councilmember Hodges noted that the chart provided needs to be revised to reflect the true rate, in that the rates shown were net of franchise fees. Motion by Hodges, seconded by Schlendorf, to deny any rate increase at this time, and to approve only the performance bond adjustment, failed to carry by the following vote: AYES: Hodges & Schlendorf NOES: Lyons, Reller-Spurgin & Maryanov ABSENT: None Councilmember Schlendorf stated that the contract is set up that up to 3% is automatic, and that the company would not have to come before the Council , taking up staff and Council time, and she felt it was a lot of time and energy spent for .8%, and the company should not consider the motion as one of punishment for bringing up the issue, rather that it use good sense. Resolution 17988, granting a 3% increase and approving the performance bond adjustment, was presented; after which, it was moved by Reller-Spurgin, seconded by Lyons, and carried by the following vote, that R17988 be adopted: AYES: Lyons, Reller-Spurgin, and Maryanov NOES: Hodges and Schlendorf ABSENT: None 5. TRACT 17043 - EXTENSION OF SECURITY IMPROVEMENT On November 4, 1992, the Council continued to this date consideration of staff recommendation that the Council approve an amendment to the Subdivision Improvement Agreement with Palm Hills Land Corp. , concerning Tract 17043, and approve substitution of improvement securities (137- therefore. Staff recommends approval since the project 015) continues to be consistent with the General Plan policies and goals; that it will allow continuation of the City's evaluation of the area and future negotiation with the developer; and that securities for the agreement will not otherwise exist if the substitution is not approved. City Manager recommended this matter be continued to December 2. council Minutes 11-18-92 Page 6 5. TRACT 17043 (Continued) It was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that this matter be continued to December 2, 1992. 6. EQUESTRIAN CENTER - PROPOSED RELOCATION Staff Recommendation: That the Council approve a contract with CYP, Inc. , Architecture & Planning, for consultant services, including design, environmental assessment and relocation of the Equestrian Center from its present site to a new location in Section 35, for an amount not, to exceed $108,000; relocation of the facility is necessary due to the expansion of the Palm Springs Golf Course - A3168. Director of Parks, Recreation & Golf Course reported that the RFP process was completed, and reviewed at the study session, and as a result of that discussion, the proposed minute order was revised to provide an approval of not to exceed $123,701), in order to avoid any future change orders and to clarify reimbursable charges at a maximum of $11,000, with qualifier that all reimbursable charges must first be preapproved by City staff before incurred; and that the contract includes $4,200 to master (plan adjoining 280 acres. In answer to questions by Council , he stated that a site was investigated on Mesquite Avenue (109- as to possible site plan; and that the contractor will 007 use both local subcontractors and minority business enterprises wherever possible. In answer to question by Councilmember Reller•-Spurgin, Councilmember Schlendorf stated that she served on a subcomittee to review the Requests for Proposals, and felt the recommended provider to be an excellent choice. Councilmember Reller-Spurgin stated that she was comfortable with Councilmember Schlendorf's recommendation. Mayor noted that 'the RFP process on the operations should proceed, in that it is advantageous to have the operator identified, to be able to work with the planning process. Minute Order 5109 approving contract not to exceed $123,700, was presented; after which, it was moved by Schlendorf, seconded by Reller-Spurgin, and unanimously carried, that M05109 be adopted. Councilmember Hodges stated that the contracts should be all inclusive, and the City should not have to pay for a provider cost of normal business expense, e.g. , FAX, travel , and that if necessary the Council should direct that efforts be made through the League of California Cities to seek legislation in that regard. Other members concurred, and Mayor asked that this matter be scheduled for a study session agenda. 7. P.S. HIGH SCHOOL - SECURITY OFFICER On November 4, 1992, the Council continued to this date consideration of recommendation to approve agreement with (126- the School District to provide a full-time police officer 005) on the High School campus for the 1992-93 school year - A3169. 0439 Council Minutes 11-18-92 Page 7 7. PSHS (Continued) City Manager reported that the ' District's counsel has agreed with proposed changes recommended by the City Attorney concerning liability, and he recommended approval subject to final draft in form acceptable to City Attorney. Minute Order 5110 as recommended, was presented; after which, it was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that MO 5110 be adopted, with final language of agreement approved by City Attorney. 8. MUNICIPAL CODE AMENDMENT - HUMAN RIGHTS COMMISSION At the November 10, 1992 study session, the Mayor requested ordinance be prepared to amend the Municipal Code to provide staggered terms of initial members appointed to the Human Rights Commission, i.e. , two members for 5 years, two members for 2 years, two members for 3 years, and three members for 4 years; members appointed to serve two years or less will be eligible for reappointment. City Clerk reported that as a result of discussion at the study session, the ordinance was revised to provide that two members would serve terms ending in 1997 rather than in 1993, thereby allowing for an automatic full term for said members; that all terms would be drawn by lot (060- at the first meeting; and succeeding members would be 027) appointed for full terms, i .e. , two in each 1994, 1995, and 1997, and three in and 1996. City Clerk read title of the Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.45.030 (b) OF THE PALM SPRINGS MUNICIPAL CODE CONCERNING TERMS AND VACANCIES ON THE HUMAN RIGHTS COMMISSION. It was moved by Reller-Spurgin, seconded by Schlendorf, and unanimously carried, that further reading be waived, and that the Ordinance as revised be introduced for first reading 9. MUNICIPAL CODE AMENDMENT - ALARM ORDINANCE On November 4, 1992, the Council continued to this date the consideration of second reading of Ordinance introduced on October 21, 1992, which would establish annual alarm permit fees, inspections, and procedures for regulating false alarms, and enabling establishing fees for false alarm responses. Staff recommends revising fees to reduce (103- annual permit, and adjust other fees. 001) Chief of Police reviewed the provisions of the ordinance, and added that recent changes in State law prohibit a department from not responding simply because there is no alarm for the permit, and the ordinance provides that there will be a fee for response to a non-permitted alarm site; that 95% of the calls for response to alarms, are for false alarms; that 20% of the calls in a recent survey were to alarms; that the ordinance provides a revenue source, saving the cost equal to five police officers, provides an annual permit process to keep information on alarm site and owners current. Council Minutes 11-18-92 Page 8 9. MUNICIPAL CODE AMENDMENT (Contined) Mayor stated that the revenue raised would be about $2.09 per month per alarm; that he would like more information regarding the alarm inspection. Police Chief stated that a home buyer may request, an inspection of anything; that the Police Department does not have the expertise to make alarm inspection, nor was it the intent to do so; that the inspection provision was intended to apply to an incident where there may be a major problem with the system, and the department would only inspect the premises with an expert; who knew the alarm business, and not to inspect all alarms; that the provision can be struck if desired; that the UL approved standards is more for the homeowners information, and provides a standard they can use, but is not critical to the ordinance; and that is was intended to assist the homeowner. Councilmember Schlendorf stated that it appears to be a problem for the realtors to have to know if an alarm is UL approved, and in some cases, there is no indication or way of determining it. Mayor stated that the two issues are; a revenue raising action; and clarifying the realtors concerns such as a onetime fee versus an annual permit; that he did not believe the $25 permit would stop a house from being sold; that (103- he understood the concerns about the fee, per se; that 001) there are questions about the UL approved provisions, about automatic shutoffs, and other issues, which indicate that perhaps there should be further review. Councilmember Reller agreed, and added that a segment of the community is being pinpointed, and although the alarm response is a demand for service, and the City needs to generate revenue, she would like to see it as part of an overall comprehensive package of revenue sources. Councilmember Lyons stated that -it is not a tax, rather a user fee for a service; that he has always received quick response; that it is not an alarm company problem, rather there are still calls made to alarm companies out-of-state; that: he preferred a onetime registration and a nominal fee for updatinginformation on an annual basis, with higher than proposed fees for false alarms; that he felt it would encourage people to use local alarm companies, because it is often not a bad alarm, rather negligence; and that if police are cut, it would defeat the purpose of having alarms. In answer to question by Police Chief, Councilmember Reller-Spurgin stated that she agreed with Councilmember Lyons to increase the false alarm fees, rather than an annual permit, and clarified that the alarm companies will secure the information for registration from their clients; Councilmember Schlendorf stated that she liked the registration fee, but not an annuall permit, and preferred increasing the false alarm fee; and Councilmember Hodges stated that she was not opposed to the annual permit, which updates file information and there is a cost for doing that, and it is important to know who the owners and the companies are for every type of emergency, and is part of the cost of doing business, and it will be more than $5, and she agreed with many of the other changes suggested. Council Minutes 11-18-92 Page 9 9. MUNICIPAL CODE AMENDMENT (Continued) It was the consensus of the Council to delay this matter to allow further review, and input from the realtors, and to include in the review adding "any electronic device" to the definition, exploring the UL standards, and possible deletion of second and last sentences of Section 5.02.060, and any rules or regulation changes be subject to Council discussion and approval , as well as the matters as above expressed. Mr. Dow offered his services to address realtors issues. It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that this matter be continued to December 16, 1992, in order to permit the additional review, and possible revisions, as discussed. 10. BILLBOARD ADVERTISING SERVICES ON INTERSTATE 10 Staff recommendation: That the Council accept proposal from Desert Outdoor Advertising, Inc. , for billboard advertising services on I-10, at $12,000 per year, as a cost-effective method of attracting travellers to the Visitor Information Center and to the City; and authorize the City Manager to negotiate and execute final contract terms and conditions - A3170. City Manager highlighted the memorandum of the Purchasing & Tourism Managers. Minute Order 5111 as recommended was presented; after (050- which, it was moved by Schlendorf, seconded by Hodges, 001) and unanimously carried, that MO 5111 be adopted, Councilmember Lyons requested that whenever staff recommendations contend that a proposal is "cost effective," the report should contain statistical analysis to demonstrate that. lie stated that he was not aware of any survey taken at the Visitor Information Center to demonstrate that the billboard is a cost effective way of attracting tourists to the Center; that he thinks people will turn off onto Highway I11 anyway, and shortly thereafter there is a smaller sign which gives the same information; and that he would like to see such a survey taken. 11. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: 12. Res 17989 amending the Comprehensive Fee Schedule to add a crackfilling fee of 45Q per lineal foot of trench cut in (114- existing paved streets, in order to cover future additional 008) pavement maintenance cost resulting from such trenching. 13. Res 17990 amending the Comprehensive Fee Schedule to amend Footnote 6 to provide that the City Manager may delegate his (114- authority to waive animal/placement fees under special 008) circumstances where the public's best interest is served; in order to expedite minor decisions related to animal control . 14. Res 17991 approving a second 12-month time extension for Tentative Parcel Map 23130, a 4 parcel subdivision, for property (119- on the NW and SW corners of Tram Way and North Palm Canyon 001) Drive, Section 3, since the project remains consistent with the General Plan and Zoning 'Ordinance. 15. MO 5112 awarding purchase, delivery, installation, testing (051- and training of a trash compactor and five 2-cubic yard 015) trainable containers at an Airport selected location, from Consolidated Equipment Corporation, low bidder, for $24,010.31. Council Minutes 11-18-92 Page 10 16. MO 5113 approving a subrecipient agreement with Desert (085- Transition House for $3,200, to provide transitional housing 001) for homeless families; required pursuant to 92-93 Community Development Block Grant funding for the project - A3171. 17. Res 17992 and 17993 approving Claims & Demands and Payroll Warrants. (Note: City Manager responded to questions raised (086) regarding purpose of a number of warrants, which are a matter of record, and on file with the Director Finance. ) 18. Motion concurring in CRA action of November 10, 1992, re (124) Gerdardt property. (CRA R872) It was moved by Reller-Spurgin, seconded by Lyons, and unanimously carried, that R17989 through 1.7993, MO 5112 and 5113, and motion in Item 18 be adopted. ADDED STARTERS: None REPORTS & REQUESTS: 19. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Wastewater Treatment Plant - 1992 (127) 20. CITY COUNCIL reports or, requests a) COMMISSION APPOINTMENTS: Human Rights Commission. (Note: This matter was accomplished as a part of Item 8, and is reflected here for record purposes) . It was moved by Schlendorf, seconded by Lyons, and unanimously carried, that the Mayor's appointment (060- of the following persons be approved: 027) Nancy Blee, Susan Cote, Ed Dietrich, Susan Kiskus, Herb Lazenby, Joe Minshoff, Ron Odein, Earl Price, and Victor Reyes (Note: Members will draw terms by lot at the first meeting of the Commission). b) Mosquito Abatement District: Mayor reported that (060- John Turlo has agreed to continue serving on the Board, 013) until he is replaced (Note: term expires in 1994). c) Mayor and Councilmembers responded to earlier comments regarding the Council 's sensitivity to minority groups, and commissioner qualifications, i .e. , noting that Mike Helm, recent appointee to the Planning Commission is of Indian ancestory; Councilmember Reller-Spurgin stated that she, too, has Indian ancestors, and Mayor stated that Ms. Marantz, appointee to the Planning Commission has served as President of the Kiwanis, a member of the Parks & Recreation Commission, and provided City service and leadership; Councilmember Schlendorf added that she knows of Ms. Marantz's good reputation, and feels that woman's view has been very beneficial to the Planning Commission;, and the City has been fortunate to have females serve on it. Council Minutes 11-18-92 Page 11 d) Mayor pointed out that there will be an opening on the LAFCO Board, and that Councilmember Benson of Palm Desert is interested in serving. Council concurred (123- that she should be supported, and Councilmember 008) Schlendorf will be attending the meeting en Temecula on December 5, and will endorse her. It was pointed out that the Council will be holding a goal-setting workshop on that date, and City Manager was asked to determine if the City could vote by proxy. e) Mayor also pointed out that there is an opening for alternate to the Riverside County Transportation Board, (123- and that Sybil Jaffey of Rancho Mirage is interested. 001) Concurrence expressed that she would be a good selection. f) Mayor noted that the joint meeting with the Historic Site Preservation Board has been cancelled, and will be rescheduled; and that joint meetings will be held on the off-Wednesdays at 5 p.m. STAFF reports or requests - None PUBLIC reports or requests - None a) Robert Fey and Madeline Brechlin thanked the Council for delaying the Alarm ordinance decision. ADJOURNMENT There being no further business, Mayor declared the meeting adjourned to Tuesday, November 24, 1992, at 3 p.m. . % JUDITH SUMICH City Clerk