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HomeMy WebLinkAbout1995 - MINUTES - 2/15/1995 CITY OF PALM SPRINGS CITY COUNCIL MINUTES February 15, 1995 A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Idlaryanov, in the Council Charuber, 3200 Tahquitz Canyon Way, ark Wednesday, February 15, , at 6:00 p.m., at which time, the City Attorney announced items to be, discussed in Closed Session, and at 7:00 p.nn., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Hodges, Lyons, Reller-Spurgin, Kleindienst , and Mayor Maryanov Absent None The meeting was opened with the Salute to the Flag, led by Boy Scout Troop 905 and an invocation by Shauna Segundo, Baha'i Faith REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council,procedures on February 10, 1995. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 5 of agenda this date. PRESENTATION: Holocaust Memorial-Mr. Earl Greif reviewed lire history of the Holocaust; and requested funding from the City to support of Memorial to be built in Palm Desert. Mayor requested City Manager to Y+port back to the Council on funding mechanism. HOUSING AUTHORITY:INDUSTRIALDEVELOPMENTAUTIJORITY:FIi IANCINGAUTHORITY- No Business APPROVAL OF MINUTES: It was moved by Kieiudiest, seconded by Hodges, and unanimously carried that the Minutes of December 28, 1994 &January 18, 1995 be approved. PUBLIC HEARINGS: ' 1. 'I TM 28062/CS5.0679 - DESERT EQUITABLE Reco mnendation: That the Council approve Tentative Tract Map 28062, CUP 5,0679 for the conversion of an existing 52 unit hotel to condominium ownership, to change the use to a 47 unit (i137- condominium-hotel and to extend nonconforming development sland,nrds, located at 950 N. Indian Canyon Dr., R-3 zone, Section 11 and approve encroachment license to allow an existing porte cohere to remain in the City rig➢rt-of-way located at 950 N. Indian Canyon Diive. Director of Planning&Building reviewed the staff report and added that the Council was provided (.136- with background material; that there will be some parking congestion clue to the reduction of the f27 parking area; that deletion of condition 53 is recommended; that the]Planning Commission did add condition 57; and that the public hearhng was not controversial. Mayor declared the hearing open. Marvin Roos, Mainwo, Smith and Associates, stated that representatives were in the audience that would be zble to respond to questions by the Council; that the firm did concur with the Planning Conmussion with the exceptions of conditions 53 and 57; that the character of the building will enhance the success of the project; that the upgrades to the property have been expensive; that the outside has been paved, repainted, and treated professionally; that to maintain the archway of the building is to maintain a uniqueness to resort 'feeling" of the City; and requested that the Council approve tine recommendation with elimination of conditions 53 and 57. Philip Klatcho, stated that regarding condition 53 the Council has previously acted on this type of condition; that the Planning Commission is unfamiliar with the condo concept; that this is a marketing tool for the developer; that condition 57 is an imposition to the developer; that the developer wants the building to be, marketable; that a large investm:;rt has been made in the property; that the decision is not one of land use, but a matketing request; and requested the Council consider approval with the exception of conditions 53 and 57. There being no further appearances, Mayor declared the hearing closed. In response to questions by Council the following comments were made. Council Minutes 2-15-95,P a.fre 2 Marvin Roos stated that the average square foot of each unit is 350 square foot. Brent; Taylor, stated that the units will sell for $29,000 to $59,000; and that there are approximately six-one bedroom units that are approximately 300 square foot, to a full one bedroom with kitchen units that will be about 600 square foot. ' Councilmember Lyons stated that the units are in a different category from previously approved projects; that the units are as small as 300 square foot with an asking price of$30,000; and will be a hard sell. Dr. Nass, representing three neighbors, stated that the old wail on the side of the building does need to be redone; and that it would be preferable to have the height increase to six feet. Planning Director stated that the code does require a six foot wall between multi-family and single family residences; that the existing wall was viewed; that to put in a replacement wall will be difficult due to the oleanders that are in place; that the Planning Commission did not require a new wall; that the Council could place that requirement on the developer or direct staff to work with all involved parties and find a hybrid solution. Councilmember Hodges questioned condition 57 in relation to the marketing issue; that it is the Planning Conunission's ,job to make conditions related to the outside of buildings; and reconunended keeping the condition in. Mayor concurred with Councilmember Hodges; and added that it is the providence of the Commission to hear the wall issue; that protection of the neighbors should be considered; that condition 53 could be deleted, and be consistent with previous approvals; that it is good that the property is being renovated; and questioned the occupancy limit, and whether due to the location of the units if the limit would be abused. Planning Director stated that the limit of occupancy is 180 days; that it is clear that the intent for ' the condos is not to be permanent residences; that the hotel operator will have incentive to prevent that type of occupancy from happening; that it will be a violation of the Conditional Use Permit; and that based on the size of the rooms it would be difficult for one to set tip permanent residency. Councilmember Reller-Spurgin questioned if the wall was standing. Dr. Nass stated that part of the wall has fallen; that it is an old wail; that it is a visual blight;and that the neighbors would be willing to participate in addressing the issue. Resolution 18558 and 18559 as revised, deleting Condition 53 and directing staff and developer to address issue regarding wall was presented, after which; it was moved by Lyons, seconded by Hodges and unanimously carried, Kleindienst abstaining, that R18558 and 18559 be adopted. PUBLIC COMMENTS: a) Comments related to item 4. Herman Erick, ABC Taxi, stated that in his opinion the only rules that Sunline comes up with benefits the attorney; and that there should be a way to convert the money collected back to Palm Springs. (143- Ron Cole, Express Cab, stated that the roles submitted to the Council sets the rates for 005 ) cabs; that there is no benefit to the new regulations; that the rules state that no cab shall be over five years old; that the regulating of cabs should not be under Sunline; that enforcement is needed at the overflow area of the Airport; that currently the area looks like a parking lot of Motel 6; and the bottom line is the regulation needs to be removed from Sardine. b) Comments related to matters not on the agenda. Mayor commented on the loss of Ann Arinento, an active citizen of the City of Palm Springs, and the impact on the City with the loss of her: volunteerism. Nigel Phillis,representing Spectrum Auctions, stated that he was given the understanding that the Council would be considering sanctioning the antique car auction tonight,but that the matter is not listed on the agenda; and requested that the Council not delay in consideration of the matter, due to the lead time, and expenses involved in the promotion Council r0inutes 2-15-9 6 yane 3 of such an event; that the company has allocated $50,000 liar marketing; and that time is of the essence. Mayor requested that matter be scheduled for March 1, 1995. Joan Gat.tuso, 264 Debbie Drive, stated that she had slaOlce at a previous meeting regarding the food vendors at Villagefest; that the vendors at the Fesl are not all local , restaurant owners; that it is the local restaurants that should be utilized; that the vendors are not regulated; that digestive upsets can happen; that restaurants have regulations issued by the Health Department that have to be followed by law; that the regulations state certain temperatures to stoic food; that insurance should be in place; and suggested that the matter be reviewed, Councibiiember Hodges and Lyons will schedule a meeting for review. Jim McClain, Firefighter and resident, stated that lie has been a firefighter for 27 years; that due to the growth of the City, the Fire Department was forced to move to two-man engines; that in the future the City Council will be asked to consider privatizing the Airport Rescue Firefighting (AARF); that if the AARF is privatized the true responsibility will not be met; that with the airport expansion, privatization would not be prudent; that the system of firefighting in this City is dependent oil the AARF; that in order to have a full fire protection system; the AARF should remain with the City. Mario Gagone, Burbank Fire Administrative Chief, stated that he has been with an AARF for over 20 years; that he, has the experience of working with the private sector and a City concerning AARF; that there are major concerns; that the privatization orally AARF within a City has major impacts on the normal operation of the firefighting system within a City; that response are delayed due to internal communications; that instant command is not understood by the private sector; that the ralio communications become a problem; that a private company lacks experience and dedheatiom; that the privatization must be supported by the local lire department; that when a disaster plan is implemented, , problems with equipment and structure occur; that delays in mobilization of forces needed, when a disaster occurs in the airfield are experienced; that during a potential crash, teamwork is vital, and that it must be instant teamwork; that the type of teamwork that is mandatory with a crash, is lost with a private company; and that the Council should consider The ramifications of privatization on the entire City before acting. Robert Keyser, stated that he recently received a bill from the Fire Department for $60.00; that the bill was for the paramedics to save a life; that 911 was called; that the Fire Department was dispatched; that he.then received the bill; that he is certain that the Fire Department does not receive the money; that he is able;to pay the bill, but questions what happens if one is not able to pay; that the Council should change the Ordinance setting [he fees for a paramedic to respond to a call; that if someone is abusing the system that is one matter; but that this money should not look like it is going to the Fire Department because it is not. Mayor questioned whether the staff is reviewing the charges and stated that the funds collected do go to the General Fluid; but that the Fire De-parhuent is paid out of the General Find; and that the insurance company would probably cover tile charge. Mr. Keyser stated that be would not submit this type of bill to his insurance company. Don Frank, stated that there will be an Expo held at the Convention Center; that the Desert Rail Authority, the Palm Springs Monorail will be featured; and that the Council should disregard any rumors concealing the Monorail being moved to Palm Desert. Fred Ebeling, stated that Mr. Frank and Mr. Coles' cola meats are bringing progress to ' the City; that the Council needs to look to the future; that Sunhne should not be involved with the taxicab issue; and that the City needs to maintain a positive image. Mayor commented on previous speakers stating that the food issue at Villagefest will be followed up by Councilmembers Hodges and Lyons; that Mr. Lapham bad made comments under the Community Redevelopment agency regarding Mr.Tuite,and that the comments are correct; that Mr. Tuite is doing a good job; that the whole City is a part of Economic Development; that regarding youth in the community, Councilinember Kleindienst did head the first High School parade for the Cranmunity; and that as Mayor "?!�;�� Council Minutes 2-15-9 5,Page 4 he was present and supports the youth of the cmmnunity; that the Airport issue needs to be clarified; that the City needs to know what position the FAA is taking; that it is his preference that the City maintain the AARF; that in no uncertain terms the Council wants what is best for the good of the community; that the 2-man fire companies are a problem; that the City should have 3-man companies; that the Council wants to remedy the situation; that consolidation with Cathedral City may be a. solution; and that the ' consolidation issue needs to be pursued. LEGISLATIVE ITEMS: 2. ORDINANCE FOR SECOND READING & ADOPTION (Intro 2-1-95) Assistant City Clerk read title of Ordinance 1503 providing for abatement of a low-valued vehicle (103- after which; it was moved by Kleindienst, seconded by Lyons, and unanimously carried,that 001 farther reading be waived, and Ordinance 1503 be adopted. 3. PALM SPRINGS DESERT RESORTS AIRLINE SERVICE COMMITTEE Recommendation: That the Council approve a funding formula for the Palm Springs Desert Resorts Airline Service Committee and authorize the second years funding,effective July 1, 1995. (050- Ed Barth, stated that the total passengers for the Airport in 1994 increased 15%; that the result 008 of 126,331 more passengers; that a packet had been provided to the Council reviewing a summary of the results of passenger activity; that airline activity is the key issue to economic development; that it is vital to be able to offer similar services of airlines with competitive airports; and requested the Council find the Conunittee at the same level as the previous year. Councilmember Lyons stated that it is vital to have airline services the entire year; but that there is a problem with the funding formula; that the formula is based on the same method that is used by the Desert Resorts Convention and Visitors Bureau; that last year Palm Springs took the lead ' in the funding; that the next City funding was one-half of what Palm Springs contributed; that it is difficult to justify why the City of Palm Springs contributes the most when the traffic goes down valley; that Palm Desert is being called the hub of the valley, and contributes $25,000; and that he would recommend the Council approve the funding at $25,000. Councilmeniber Hodges stated the funding level of Palm Springs should be the same as that of Palm Desert or Rancho Mirage. Mayor stated that with the expansion of the Airport Commission, the entire valley has representation; that the Airport is a regional airport; that the population of Palm Desert and Rancho Mirage is similar to that of Palm Springs; that the Transit Occupancy Tax for the CVB is equal to that of Palm Desert; and a mechanism does need to be in place to bring the airline passenger in; and added that he would support of recommendation of funding of$25,000. Mr. Barth stated that with the reduced level of finding, the required amount of revenue to close a deal would be below the level needed. Councilmember Lyons stated that should Palm Desert increase the level of funding,Palm Springs could at that time review the level it is contributing. Resolution 18560 as revised, reducing the level to$25,000 funding, to be reviewed should Palm Desert increase its contribution was presented; after which, it was moved by Lyons, seconded by Kleindienst, and unanimously carried that R18560 be adopted. 4. SUNLINE TAXI REGULATION - MODIFICATION Recormmendation: That the Council review the proposed Sunline Taxi Entry requirements. City Manager reviewed the staff report. (143- Councilmember Hodges stated that she had requested the matter be placed on the agenda; that the 00 5 recommendation does contain a provision to require a 24-hour telephone and dispatch service; that the requirement would adversely impact small businesses; that the regulations should not be increasing costs, nor is it necessary; [bat taxis have been around; and that these requirements have not been around before and should not be requirements now. } I9b �. Council lUinufes 2-15-95,Page 5 Comtcilmember Kleindienst reviewed the history of the.Sunline meetings stating that a review had been forwarded with recommendations to the taxicab owners; that ilbe committee did meet with the operators; that the operations portion was discussed with the operators; that the requirement for the 244mur telephone and dispatch service is to provide a better level of service to the people that use the taxicabs; that if someone calls at night and needs to find a cab; the intent is that a cab can be dispatched; that call fonvarding can be used to locate a cab service that is operational; that regulations that are proposed include permitted operators must maintain a commercially zoned , business location or legally .acceptable location to the. appropriate: jurisdiction, either City or County; that the 24-hour telephone and dispatch service requires permitted Operators to maintain and provide year-round, 24-hour human yesponse telephone service; that such notice must remain in place even during horns operator elects not to provide service, off-season or through suspension of permit; that the telephone or dispatch service must Iiave radio or telephone access to drivers; that the operator must maintain a rminimum of 3 actively permitted vehicles at all times, except during the off season,when vehicles may be temporarily removed from service; that the vehicles must not be more than 8 years old; that is someone has a vintage car, a peer group will determine is the car can be given an exemption; that a color scheme and logo shall be displayed in a permanent manner; that the taxi shall be equipped with a permanently affixed toplight; that the rates shall be displayed in a clear distinguishable way. Councilmernber Hodges questioned how many cabs are regulated by Sutulme. Councilmember Reller-Spurgin stated 12 companies. Councilmember Hodges questioned how many calls a cab company possible could get at 3 a.m. Councilmember Kleindienst clarified that the requirement is not necessarily a dispatch, but rather a 24-hour response requirement, allowing a company to use call forwarding, in order to allow another business to respond to the call. Councilmember Hodges stated that Title 1.2 does require dispatch; that most cab drivers do have cellular telephones; and questioned what is the legal definition of regulation; and added that it seems that City is getting more involved with the taxicab issues. ' Councilmember Reller-Spurgin states; that in her opinion, Sunline should not be the regulatory agency. Councilmernber Lyons concurred with Courrcilmember's Hodges and Reller-Spurgin. Couacilmentber Kleindienst stated that he would be unable to attend the next meeting of the Sunline Committee and requested Council presence. Councilmember Reller-Spurgin staled that she would attend. It was moved by Hodges, seconded by Reller-Spurgin and carried by the following vote to direct Sunline Representative to express concerns and desire to not get involved in regulation. AYES: Members Hodges, Lyons and Reller-Spurgin NOES: Member Kleindienst ABSENT: None ABSTAIN: Mayor Maryanov 5. SOLID WASTE TRANSFER STATION/MATERIALS RECOVERY FACILITY (MRF) Recommendation: That the Council direct the representative of the CVAG Executive Committee regarding vote for the proposed solid waste transfer station/materials recovery facility (MRF) in Coachella Valley. (].23- Director of Economic Development reviewed the staff report and added that the City of Palm (I11 Desert did reject the idea; that it would be simpler to use the current landfill, in that only the facility would have to be built; that the issue is a complex one; that the Coachella Landfill is scheduled to close in 14I6; that the City of Palm Springs does use Edom Hill; that the closure date for that facility is somewhere between three to eight years in the future. Councilmember Kleindienst stated that the idea of saving costs in building a facility at a current side is tR a most feasible. Council Minutes 2-15-9-5 Page 6 Councilmember Lyons stated that the issue did come up during a CVAG meeting; that a review was given for the Imperial City landfill; that the facility is ran by Western Waste; that the waste will be shipped to the site; that the opponents of the Eagle Mountain Landfill did not understand the issue of trains coating through the Valley and instead of Riverside County gaining the revenue, Imperial County will; that unfunded mandates such as AB939 need to be eliminated; and that the entire issue concerning the MRF's is a complex one. ' Councilmember Hodges stated that the recommendation by staff is somewhat confusing;and stated that the City should not have to pay for a MRF located in Coachella; and that the City should have to contribute when a MRF is needed at the western end of the valley. Councilmember Reller-Spurgin stated that the proposal should be that Edom Hill be expanded;and that the life of Edom Hill is expected to be until 2001; and that AB939 mandates that there are certain reductions in waste that must be reached, or penalties will be applied. Director of Economic Development stated that if Edom Hill is allowed to expand, it is projected the usage will be an additional 12 years; that the staff is recommending that the east valley facility be constructed immediately on the site of the Coachella Landfill; that lire west valley facility be delayed to coincide with the eventual closure of Edom Hill; that the CVAG Executive Committee representative be instructed to direct the CVAG-MRF transfer station task force evaluate the CabaZOn Indians' MRF proposal and alternative MRF and transfer technologies and that negotiations be opened with Riverside County regarding the use of the Coachella Landfill as a transfer station and MRF; and that the decision of a position regarding the allocation of MRF transfer station costs among cities be deferred until a specific proposal be recommended. Resolution 18561 as recommended was presented; after which,it was moved by Hodges,seconded by Kleindienst and unanimously carried that R18561 be adopted. 6. WASTEWATER MANAGEMENT FACILITIES PLAN, CP94-01 Recommendation: That the Council approve an agreement with Bryan F. Mooney for an ' Environmental Impact Report for the Wastewater Management Facilities Plan and amend the budget for $140,000. A3484. (127- City Engineer reviewed the staff report and in answer to questions by Council stated that Byran 001) F. Mooney and Associates did prepare the Environmental Impact report for the Agua Caliente gaming casino; that the cost has been negotiated; that the funds will come from the wastewater (061- treatment plant fund and requested approval. 016) Councilmember Hodges questioned why Mooney&Associates are being requested to do the FIR, when the item could be combined with item 7 of agenda this date and have Montgomery Watson do the EiR and design the expansion. City Engineer stated that Mooney will be using the information from Montgomery Watson; that this will allow an oversight; that Montgomery will act in a background role, and provide technical expertise; but that the FIR will be prepared by Brian Mooney slid Associates. Minute Order 5506 approving agreement and Resolution 18562 amending the budget was presented, after which; it was moved by Kleindienst,seconded by Lyons, and unanimously carried that M05506 and R18562 be adopted. 7. MONTGOMERY WATSON AMERICAS, CP94-47 Reconunendation: That the Council approve an agreement with Montgomery Watson Americas Inc., for a Wastewater Treatment Plant Preliminary Design Report, an Industrial Pretreatment ' Plan of Action, an amendment to the Wastewater Management Facilities Plan, and amend the (127- budget for $225,000. A3485. 001) City Engineer reviewed the staff report. (061- Councilmember Kleindienst stated that this could take the satellite plant out; that if the cost is 016) reduced and the satellite is not built does the City have the capacity until the year 2005; and that if the monies are needed, the money will be obtained by bonding. City Engineer stated that the capacity will be to the year 2005; that the finds are available in Wastewater treatment plant retained earnings; and that the resolution should reflect an expenditure Council Minutes 2-15-9 5 Pnge 7 of$350,000; that an inducement resolution will be needed in order to use the bonding; and that the build out is based on the General Plan. Minute Order 5507 approving agreement and Resolution 18563 amending the budget for$350,000 was presented, after which; it was moved by Kleindienst, seconded by Lyons, and unanimously carried that M05507 and R18563 be adopted. S. ADDITIONAL LEGISLATIVE ITEMS: None CONSENT AGENDA: Note: Item 11 was acted on by separate motion. Clarification was made that 50% would be funded by TUMF and 50% from general f nd; that the funds for grants would be competitive; that the three bids were close and that the signal is fully pedestrian activitated and recommended approval. 9. Res 18564 approving FTM 28020 for the property at 1177 N. Palm Canyon for condominium (1 37- purposes - John King, Sea 10. 096) 10. MO 5508 authorizing application for an encroachment permit allowing the City of Palm Springs (092- to operate and maintain a portion of its Golf Course within Riverside County Flood Control's 011) Canyon Washland. A3486. 11. MO 5509 amending contract services agreement with Robert Bein, William Frost & Associates (130- for$74,400, for Gene Autry Trail/Mesquite Avenue street widening and traffic signal, CP94-12. L101) A3298. 12. MO 5510, 5511, 5512 and 5513 approving purchase of six replacement vehicles from various (084- sources for a total cost of$92,042. o 11) 13. Res 13565 and 18566 approving payroll warrants and claims &demands. Reller-Spurgin abstain (086- warrant #894941. 013) Resolution 18564 through 18566 and Minute Orders 5508 through 5513 was presented, after which; it was moved by i,lemdieast, seconded by Lyons, Relles-Spurgin abstaining,on Warrant #894941 and unanimously carried that R18565 - 18566 and M05508 - 5513 be adopted. ADDED STARTERS: None REPORT & REQUESTS: 14. DEPARTNUINTAL REPORTS - Received & ordered filed 002) a) Treasurer's Quarterly - 12/31/94 CITY COUNCIL reports or requests a) COMMISSION APPOINTMENTS: It was moved by Maryanov, seconded by Lyons, and unanimously carried, that the appointment (060- for the Board of Appeals be continued to March 1, 1995 and the following appointments be 027) adopted, Kleindienst abstaining on appointment for Rent Review. Human Rights Commission 1- (060- term 1997-Carolyn Williams-Roberson; Board of Appeals 1-no term, con't to 3/1/95; Airport 1- 016) term 1996-Simon Housman; Rent Review 1-term 1998-Leslie Bott. (060- 'b) Corncilmember Hodges questioned whether funding, was received regarding the 001) Crime Bill. City Manager stated notification was received to fund an additional two police officers. c) Councilmember Lyons stated that recommendation from CVAG Energy and Environment co tutittee re Utility rates; and that the commruttee reconinended that it support electrical rea deregulation, if it results in lower electrical rates; and that restructuring should Council Minutes 2-15-9 5;Page 8 benefit all rate payer equitably; regarding Municipalization, cities should be authorized to serve as facilitator in negotiating and buying electricity for its businesses and residences; and that Cities should have the option to choose the producers including contractors for the opportunity to have bilateral contracts; that the recormmendation will come from the Executive Committee to the Public Utilities Commission. ' d) Councilmember Kleindienst recommended that the Council write a letter to the Governor to recommend the vacancy on the Public Utilities Conunission be filled from the Coachella Valley, and further recommended that a request be made to other Valley Cities to do same. Councilmember Lyons stated that CVAG is making the recommendation; that there are two vacancies; that the members need to be. close to San Francisco; but that Corky Larson stated with Fax access that location would not be imperative; and the Commissioners do need to be aware of the area covered by Southern California Edison; that in the past one Commissioner cited the Watts area in Los Angeles being in SCE's area; and that at least one Commissioner should be from Somhern California. Mayor directed City Manager to draft letter, and request participation by other Cities. Councilmember Kleindienst stated that the Black History parade is on March 25th and support will be appreciated; that March 16 is the California Senior Miss America contest; that the PS Chamber of Commerce Celebrity Citizen of the Year award did go to Byron Nei son and that the Hope's were in attendance.; and that he will be making a presentation to the California Transportation Committee in Sacramento regarding rail service in the Valley dealing with NAFTA and the environment. Mayor reviewed the highlights of Mr. Nelson's career; and conunented on the NAFTA rail corridor, and expressed appreciation to the Desert Sun for the support given to City and the Valley, and for use of the Facility; and read various letters of appreciation and ' concerns from citizens of the Community. PUBLIC reports or requests-None STArF reports or requests-None ADJOURNMENT There being no farther business, Mayor declared the meeting adjourned. JUDITH SUMICH City Clerk By: PA ICI "A. SANDERS Assistant City Clerk