HomeMy WebLinkAbout9/15/2004 - STAFF REPORTS (23) DATE: September 15, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
GARNET ROAD AND TWIN STAR ROAD RIGHT-OF-WAY VACATION
RECOMMENDATION:
It is recommended that the City Council, after considering testimony received at the
Public Hearing, adopt a resolution vacating portions of the right-of-way dedicated for the
public streets named Garnet Road and Twin Star Road in Section 35, Township 3 South,
Range 4 East; File R-03-049.
SUMMARY:
The Streets & Highways Code of the State of California requires that the City hold a
Public Hearing to discuss and review proposed right-of-way vacations. After
consideration of testimony received at the Public Hearing, the City Council can consider
denial or approval of the requested right-of-way vacation.
BACKGROUND:
On July 3, 2002, the City Council approved an application submitted by the Coachella
Valley Housing Coalition (CVHC) for creation of a Planned Development District to
construct 66 apartments (identified as "Coyote Run 2") on 7.73 acres of Redevelopment
Agency property located immediately north of the Sunrise Norte subdivision, and
immediately south of the existing 140 unit apartment complex (Coyote Run), identified as
PD277, Case No. 5.0910. The property was part of a larger piece of land purchased by
the City of Palm Springs in 1980 to provide affordable housing. The original
development proposal by the City at that time was a master planned subdivision, with
the first phase of that subdivision being developed as Sunrise Norte.
The ultimate development of the Sunrise Norte subdivision planned for the extension of
Mountain Shadow Road and Mica Drive, with Garnet Road being an east-west
connector street. The development proposed by the CVHC would discontinue the ability
of Mountain Shadow Road and Mica Drive from ever being extended to the north, as
originally planned, and required construction of standard 90-degree "knuckle'
intersections on Garnet Road at its intersections with Mountain Shadow Road and with
Mica Drive. The Engineering Division included recommendations for the dedication of
additional right-of-way, as well as the requirement to apply for the vacation of portions of
right-of-way on Garnet Road and Twin Star Road as necessary to revise the
intersections of Garnet Road with Mountain Shadow Road and Mica Drive.
The Planning Commission considered the CVHC's development application at its June
12, 2002, meeting, and recommended approval of the development application. As
such, the Planning Commission considered and found that the proposed right-of-way
vacation required by the Engineering Division as part of the recommendation for the
development application was consistent with the General Plan.
19
Garnet Road and Twin Star Road Right-of-Way Vacation
September 15, 2004
Page 2
Staff forwarded the requested right-of-way vacation information to the City Clerk, and
pursuant to Section 8320 of the Streets & Highways Code, the City Clerk
administratively scheduled a public hearing for September 15, 2004, to hear all persons
interested in or objecting to the right-of-way vacation.
Notices of the proposed right-of-way vacation have been posted within the vacation
area, published in the local newspaper, mailed to all public utility companies, and sent to
all City departments managing City facilities within public streets. City staff coordinated
with the public utility companies and verified that public utilities exist within the proposed
area of right-of-way to be vacated. As such, a public utility easement is being reserved
over those areas of right-of-way being vacated.
If the City Council desires to approve the proposed right-of-way vacation as previously
required by the City Council's approval of the Coyote Run 2 development, adoption of
the attached Resolution will vacate and close to public use the subject portions of Garnet
Road and Twin Star Road.
SUBMITTED:
Pe&,-
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager C�
ATTACHMENTS:
1. Resolution
2. Vicinity Map
3. Exhibits "A" through "H"
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NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-03-049
A Portion of Garnet Road and Twin Star Road
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,
will hold a Public Hearing to consider the proposed right-of-way vacation at its meeting
of September 15, 2004. The City Council meeting begins at 7:00 P.M. in the City
Council Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
The purpose of the Public Hearing is to consider vacating a portion of an existing public
right-of-way for Garnet Road and Twin Star Road, more particularly described as shown
on Exhibits "A" through "H", attached hereto and made a part hereof, all in Section 35,
Township 3, Range 4 East; City File R-03-049; an application made through the City of
Palm Springs.
If any individual or group challenges the proposed right-of-way vacation action in court,
issues raised may be limited to only those issues raised as the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An equal opportunity will be given for all interested persons requesting to be heard at the
Public Hearing. Questions regarding this proposed right-of-way vacation may be
directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and
Engineering, (760) 323-8253, ext. 8744.
PATRICIA A. SANDERS
City Clerk
SA
jqv
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
File No. R-03-049
A Portion of Garnet Road and Twin Star Road
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California,
will hold a Public Hearing to consider the proposed right-of-way vacation at its meeting
of September 15, 2004. The City Council meeting begins at 7:00 P.M. in the City
Council Chamber of City Hall, located at 3200 E. Tahquitz Canyon Way, Palm Springs,
California.
The purpose of the Public Hearing is to consider vacating a portion of an existing public
right-of-way for Garnet Road and Twin Star Road, more particularly described as shown
on Exhibits "A" through "H", attached hereto and made a part hereof, all in Section 35,
Township 3, Range 4 East; City File R-03-049; an application made through the City of
Palm Springs.
If any individual or group challenges the proposed right-of-way vacation action in court,
issues raised may be limited to only those issues raised as the Public Hearing described
in the notice or in written correspondence submitted at, or prior to the City Council
Hearing.
An equal opportunity will be given for all interested persons requesting to be heard at the
Public Hearing. Questions regarding this proposed right-of-way vacation may be
directed to Marcus Fuller, Senior Civil Engineer, Department of Public Works and
Engineering, (760) 323-8253, ext. 8744.
PATRICIA A. SANDERS
City Clerk
ENMIT "A"
VACATION OF RIGHT OF WAY
BEING A PARCEL OF LAND OVER,THROUGH AND ACROSS LOT"D"OF TRACT NO. 17642-2 FILED IN
BOOK 124, PAGES 27 AND 28 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF SAID TRACT NO. 17642-2, SAID BEGINNING
BEING ALSO A POINT ON THE WESTERLY LINE OF SAID LOT"D";
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT "D" NORTH 000 15, 14" EAST A
DISTANCE OF 24.00 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID LOT"D';
THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT "D" SOUTH 890 44' 46" EAST A
DISTANCE OF 36.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL BEARING THROUGH SAID
POINT BEARS NORTH 890 44'46"WEST;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE AND SAID NORTH LINE AN ARC
DISTANCE OF 12.16 FEET THROUGH A CENTRAL ANGLE OF 270 52' 14" TO A POINT ON A NON-
TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 51.00 FEET, A RADIAL
THROUGH SAID POINT BEARS NORTH 130 28' 15"WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 26.15 FEET THROUGH A
CENTRAL ANGLE OF 290 22'26';
THENCE LEAVING SAID CURVE NORTH 890 46' 28"WEST A DISTANCE OF 16.15 FEET TO THE POINT
OF BEGINNING;
CONTAINING AN AREA OF 741.70 SQUARE FEET(.017 ACRES)MORE OR LESS.
ALL AS SHOWN ON EXFIIBIT"B"ATTACIIDD HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECT SUPERVISION OF
Np SVA
G
WILLIAMF. SCHMIDT,P.L.S. 5968 SCHMIDT
MY REGISTRATION EXPIRES 12/3 No.. 5�96 8n
Exp.dlm- +`�
7
�qr�OF CA%YPo \
EXHIBIT "B"
741J0SF (0.017AC)f
S89'4446 E N8944'46'W(R)R=25.00
1 36,00' L=12.16
Ton=6.22
N00.15'14 E 0=27.52'14I
24.00'
POB
N89'46'28'W / R=51.00
16.15' if L=26J5
LOT 37 Tan=13.37
/ 0=29 22 26" GARNET ROAD
Q (LOT "D")
O:-t-, j
O
LOT 38 I 0 LOT 36 i P� I LOT 23
Z! 2 2
I
• 1 I
LOT 39 LOT 35 LOT 24
GRAPHIC SCALE
30 0 15 3D 60 120
( IN FEET )
1 inch = 30 ft.
ti° p�MsAz CITY OF PALM SPRINGS
PUBLIC WORKS & VACATION OF
ENGINEERING DEPARTMENT RIGHT—OF—WAY
LEGAL DESCRIPTION:
DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT A 1" = 40' R-03-049
CHECKED BY: W.O. # SHEET NO.:
2 OF 2
E3CMIT "C"
VACATION OF RIGHT OF WAY
BEING A PARCEL OF LAND OVER, THROUGH AND ACROSS LOT"D"OF TRACT NO. 17642-2 FILED IN
BOOK 124, PAGES 27 AND 28 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF SAID TRACT NO. 17642-2, SAID BEGINNING
BEING ALSO A POINT ON THE WESTERLY LINE OF SAID LOT"D';
THENCE SOUTH 890 46' 28" EAST A DISTANCE OF 16.15 FEET TO A POINT ON A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 51.00 FEET A RADIAL THROUGH
SAID POINT BEARS NORTH 420 50'41"EAST;
THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 36.61
FEET THROUGH A CENTRAL ANGLE OF 410 07' 34';
THENCE NORTHWESTERLY ALONG SAID LINE NORTH 830 58' 15" WEST A DISTANCE OF 0.26 FEET
TO A POINT ON LOT"D";
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT "D" NORTH 000 15' 14" EAST A
DISTANCE OF 32.07 FEET TO POINT OF BEGINNING;
CONTAINING AN AREA OF 185.30 SQUARE FEET(.004 ACRES)MORE OR LESS.
ALL AS SHOWN ON E7HIIBIT`B"ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECT SUPERVISION OF
LAND S
LLIAM y
WILLIAM F.F. S//Cll/HMIIDDT,P.L.S.596 No.5968 i}
MY REGISTRATION EXPIRES 12/3 1 -31,0N Q
0�
A DF CALYvo
EXHIBIT "D"
I
PORTION I / PORTION
LOT 8 &\ LOT 7
P Z
185.30SF (0.004AC)f
o
r
P08
S89.4628'E s� GARNET ROAD
LOT 37 16. 15'
NDO'15'14'E �i �
(LOT "D')
32.07' Q — — — —
S83'58115"W 'I'- L= 36.61
0.26' Tan=19. 13 LOT 23
LOT 38 0=41'07'34"
Q LOT 36 I
Q`� I LOT 39 LOT 35 \ ' J2LOT 24
I Z
I
I I �
LOT 40 GRAPHIC CALF I LOT 34 LOT 25
40 0 20 Q 00 I 160
I
IN FEETI)
I I inch = 401 ft.
CITY OF PALM SPRINGS VACATION OF
y PUBLIC WORKS & RIGHT-OF-WAY
ENGINEERING DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT A 1" = 40' R-03-049
CHECKED BY: W.O. # SHEET NO.:
2 OF 2
EXHIBIT "a"
VACATION OF RIGHT-OF-WAY
BEING A PARCEL OF LAND OVER, THROUGH AND ACROSS LOT"D"OF TRACT NO. 17642-2 FILED IN BOOK
124, PAGES 27 AND 28 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 8 OF SAID TRACT NO. 17642-2, SAID BEGINNING BEING
ALSO A POINT ON THE EASTERLY LINE OF SAID LOT'Tv';
THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 000 15' 14"EAST A DISTANCE OF 20.20 FEET
TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 53.00 FEET, A RADIAL BEARING THROUGH SAID
BEGINNING BEARS NORTH 670 51'04"EAST,
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 21.64 FEET THROUGH A CENTRAL
ANGLE OF 230 23'41"TO A POINT ON THE NORTHERLY LINE OF SAID LOT"D';
THENCE EASTERLY ALONG SAID NORTHERLY LINE SOUTH 890 46' 28"EAST A DISTANCE OF 12.05 FEET
TO THE NORTHEAST CORNER OF SAID LOT"D';
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT"D"SOUTH 000 15' 14"WEST A DISTANCE
OF 17.80 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 91.46 SQUARE FEET(.002 ACRES)MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECT SUPERVISION OF
L-Wl--�'4t , --
WILLIAM F. SCITYRDT,P.T.S. 5968
MY REGISTRATION EXPIRES 12/31/ i4' WILLIAM F.
SCHMIDT
{r No.
5996�8 s�
P
�rF OF CAVA
l
PORTION E IHIBIT "F"
LOT 7
PORTION
s89'4628'E�` I LOT 8
12.05'
91.46.5F (0.002AC)t
R=53.00
W
L=21.64 y .
b Ton=10.97 o
D=23'23'4I" , o Q
GARNET ROAD SO' w 040E
(LOT »D'� N eT5' rPo6
N �
LOT s � G
/ 2 PO&
LOT 8
1 I
I
o
LOT 10 GRAPHIC SCAL11 LOT 7
20 0 A 20 40 00
( IN FEET )
1 inch = 20 It.
�oF P�Msq� CITY OF PALM SPRINGS VACATION OF
y PUBLIC WORKS & RIGHT—OF—WAY
ENGINEERING DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT A 1" = 20' R-03-049
CHECKED BY: W.O. If SHEET NO.:
20F2
J„ • R
-
E,HIBIT "C"
VACATION OF RIGHT-OF-WAY
BEING A PARCEL OF LAND OVER,THROUGH AND ACROSS LOT`T"OF TRACT NO. 17642-2 FILED IN BOOK
124, PAGES 27 AND 28 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT I OF SAID TRACT NO. 17642-2, SAID BEGINNING BEING
ALSO A POINT ON THE SOUTHERLY LINE OF SAID LOT`T";
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF LOT `T" SOUTH 890 46' 28" EAST A DISTANCE OF
28.06 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 890 46' 28" EAST 0.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 121.00 FEET,
THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE AND SAID SOUTHERLY LINE AN ARC
DISTANCE OF 74.08 FEET THROUGH A CENTRAL ANGLE OF 350 04' 37' TO A POINT ON THE EASTERLY
BOUNDARY OF SAID TRACT NO. 17642-2;
THENCE NORTHWESTERLY ALONG SAID EASTERLY TRACT BOUNDARY NORTH 340 5V 05" WEST 36.00
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 85.00 FEET,A RADIAL THROUGH SAID POINT BEARS SOUTH 34°51' 05"EAST;
THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY TRACT BOUNDARY AN ARC
DISTANCE OF 52.04 FEET THROUGH A CENTRAL ANGLE OF 350 04' 37';
THENCE NORTH 890 46'28"WEST 0.04 FEET;
THENCE SOUTH 000 15' 14"WEST A DISTANCE OF 36.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 2271.83 SQUARE FEET(052 ACRES)MORE OR LESS.
ALL AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
PREPARED BY OR UNDER THE DIRECT SUPERVISION OF
LAND
f
O
WILLIAM F. SCHMIDT,P.L.S. 5968
SCHMIDT A'
MY REGISTRATION EXPIRES 12/31/04 No.
5968
Exp E-31
t
9 OF CALIFCP�
EXHIBIT
- -� , - G�
O PORTION
LOT 141 P
I LOT 8
a
PG 1
LOT 3 jz
LOT 21 o 16
LOT 15 v R=85.00
L=52.04 —
Ton=26.86 �' � _N34'S1'0 "W
D=35'0437
_ 11 36.
N89'462811W i
TWIN_ STAR ROAD 0.04'
(LOT "E') S0°'15 147
36.00' TPOB 1,
— — — _ — R=121.00 2271.83SF (0.055)ACt
POB L=74.08
Tan=38.24
D=35'04 37"I
S89' 6 28"E N89'46 28"W
I 2 f.00' 0.06'
I LOT 3
_OT 521 LOT 53 I LOT 54 I LOT 1
I
I
(LOT "E')
GRAPHIC SCALE SAN RAFAEL DRIVE
40 0 10 40 60 160
( IN FEET ) i
1 inch = 40 ft.
CITY OF PALM SPRINGS VACATION OF
y PUBLIC WORKS & RIGHT-OF-WAY
*c�1FOi �T ENGINEERING DEPARTMENT
LEGAL DESCRIPTION: DESIGN BY: SCALE: FILE NO.:
SEE EXHIBIT A 1" = 40' R-03-049
CHECKED BY: W.O. # SHEET NO.:
2 OF 2
® 'gi g of paim 'spr-ings
4 Department of Public Works and Engineeringcomp. areo` e '} 3200 E.Taliquitz Canyon Way - Palm Springs, California 92262
,q ®P Tel: (760)323-8253 ° Fax (760) 322-8360 ° Web: www ci palm-springs.ca.us
AFFIDAVIT OF POSTING NOTICES
I, the undersigned, the City Engineer for the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing (File No. R-03-049), for the vacation of
those portions of Lot "D" and Lot "E" as shown on Tract Map No. 17642-2, Map Book 124,
Page 27 and 28, as described and shown In Exhibits "A" through "H" (attached), was
posted in three (3) locations (as indicated on Exhibits "B", "D", "F" and "H"), on September
1 , 2004. A copy of said notice is attached hereto.
,. XX6VL
David J. Barakian
Director of Public Works/City Engineer
Department of Public Works & Engineering
City of Palm Springs
California
Post Office Box 2743 0 Palm Springs, California 92263-2743
RESOLUTION NO. �//v /
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, VACATING AND ABANDONING
ALL OF ITS RIGHT, TITLE AND INTEREST IN
PORTIONS OF THE RIGHT-OF-WAY DEDICATED FOR
THE PUBLIC STREETS NAMED GARNET ROAD AND
TWIN STAR ROAD IN SECTION 35, TOWNSHIP 3
SOUTH, RANGE 4 EAST; FILE R-03-049
WHEREAS, the City Council of the City of Palm Springs, California, is authorized by
Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California
(the "statute"), to vacate and close to public use streets, or parts of streets, within the
limits of the City; and
WHEREAS, the Planning Commission has determined that the right-of-way vacation is
consistent with the Circulation Element of the City's General Plan; and
WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a
public hearing for September 15, 2004, for City Council consideration of vacating and
closing to public use portions of the right-of-way dedicated for the public streets named
Garnet Road and Twin Star Road; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and
did cause to be posted notices of vacation along the line of the subject portions of the
public streets named Garnet Road and Twin Star Road, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and
has considered all evidence submitted concerning the subject portions of right-of-way
dedicated for the public streets named Garnet Road and Twin Star Road, being the
vacated areas described and shown on Exhibits "A" through "H", inclusive, attached
hereto and made a part hereof, and the need therefor for present and prospective public
road purposes.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,
as follows:
Section 1. That the City Council does hereby find that the subject portions of the
public streets named Garnet Road and Twin Star Road are unnecessary
for present or prospective public use.
Section 2. That, subject to Section 3, the City Council does hereby vacate and
abandon all the City's right, title and interest in the subject portions of
right-of-way dedicated for the public streets named Garnet Road and
Twin Star Road, as the vacated area are described and shown on
Exhibits "A" through "H", inclusive, attached hereto and made a part
hereof.
Section 3. That the City of Palm Springs reserves and excepts from the foregoing
vacation an easement for sewer purposes, and a public utility easement
to operate and maintain pipelines, cables, wires or any other facility of
any governmental agency or utility corporation existing in, under, or over
the vacated areas, unless quitclaimed or released by the owner thereof.
RESOLUTION NO.
Section 4. That the City Clerk is hereby directed to cause a certified copy of this
Resolution, attested by her under the seal of the City, to be recorded in
the Office of the County Recorder of Riverside County.
ADOPTED this 15"' day of September, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
City Attorney
jq( 2,c,