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HomeMy WebLinkAboutcc min 1974/06/04 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday June 4~ 1974 A regular meeting of the City Council of the City of Chula Vista, California, was held on the above date at 7100 p,m, in the Council Chamber, Civic Center, 276 Fourth Avenue, Chula Vista, with the following Councilmen present; Councilmen Hobel, Hamilton, Hyde, Egdahl Councilmen absent; Councilman Scott Staff present; City Manager Thomson, City Attorney Lindberg, Assistant City Manager Bourcier, Director of Public Works Cole, Director of Planning Peterson, Director of Parks and Recreation Hall The pledge of allegiance to the Flag was led by Mayor Hamilton, followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the minutes of the meetings of May 15, 22 and 28, 1974 be approved, copies having been sent to each Councilman. PROCLAMATION - Mayor Hamilton presented the Director of PARKS AND RECREATION MONTH Parks and Recreation with the Proclamation declaring the month of June 1974 as Parks and Recreation Month in the City of Chula Vista. ORAL CO~qUNICATIONS Ida Holt Mrs. Holt stated she has a commercial half 52 "E" Street acre which cannot, for various reasons, be fenced. She has had two dogs which ran loose and were killed by the oncoming traffic. She called the Humane Officer when the dogs were loose and at one time, the officer did come out but was unable to catch the dog. Mrs. Holt requested that the City increase the staff of the Humane Officers. Referred to City Manager It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the City Manager investigate this request and come back and advise the Council as to whether or not this staff should be increased. BUS PAINTING City Manager Thomson stated that Aztec Bus Lines are now ready to start painting the buses. Only one bus has been painted and the cost for painting the buses is approxi- mately $300 each. Motion to hold It was moved by Councilman Hobel, seconded by Mayor Hamilton and unanimously carried that this be put in a holding pattern, Discussion of motion Councilman Hyde spoke in favor of the blue- and orange-colored bus. Councilman Hobel felt the color scheme should be reevaluated. City Council Meeting 2 June 4, 1974 Amendment to motion Mayor Hamilton asked that the motion be amended to direct the City Clerk to come back with some color ~chemes for Council approval. Included in motion Councilman Hobel included the amendment to his motion, Mayor ttamilton agreed to the second and the motion carried unanimously. CITY SIGN ON BUSES City Manager Thomson reported that Aztec Bus Lines confirmed the fact that all of the buses have the City sign on them. The signs, however, are movable and could, at times, be moved off in the washing process. The signs are removed when the buses are used for Charter service. Mr. Wittenberg said he was assured by Mr. Patrick Doogan, Manager, Aztec Bus Lines, that the company is quite conscientious about placing the City signs on the buses. The City Seal will be placed on newly-painted buses which will make them identifiable as the City bus line. REPORT ON PROPOSED SAN Director of Planning Peterson presented a DIEGO-TIJUANA INTERNA- written analytical review of the Comprehen- TIONAL AIRPORT sive Planning Organization's proposal to establish San Diego-Tijuana International Airport on the Otay Mesa, The report included an evaluation of the facility's economic, environmental and political impacts upon the £hula Vista planning area. In surmmary, Mr. Peterson concluded that the following should be a prerequisite to any endorsement of the plan: 1. The City of San Diego official recognition of the sphere of influence of the City of Chula Vista; 2. The City of S~ Diego official adoption of a reasonable expansion policy with respect to Otay Mesa; 3. The City of Chula Vista active participa- tion in the planning of the airport and related uses; 4. The City of Chula Vista activ~ participa- tion in the government and administration of the airport and related uses; 5. ~e City of Chula Vista adoption of a com- prehensive conservation policy oriented towards the conversion of its open space reserves into permanent greenbelts. City Manager Thomson noted that the CPO pre~ liminary report was scheduled for completion in August. He recommended that the staff report be accepted and Council action on this matter be deferred pending completion of the CPO report. Report accepted It was moved by Councilman Hobel, seconded by Mayor Hamilton and unanimously carried that the interim report be accepted. City Council Meeting 3 June 4, 1974 Council discussion Councilman Hyde discussed the report indicating alarm at the tremendous impact the project win have on the South Bay area and Chula Vista in particular. He felt the Council sh6uld go on record indicating its alarm at the idea of this international airport; it would be a tremendous growth stimulator in an area where growth is already an acute problem; its effect on the environment would be very destructive; unless informa- tion is forthcoming that would alleviate the conditions predictable concerning this project, the Council feels that in the best interest of Chula Vista and South Bay in general, not to construct this field. Motion withdrawn Councilman Hobel withdrew his motion, Mayor Hamilton withdrew his second. Motion for continuance It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that this matter be set for the Council meeting of June 18, 1974, when a full Council is expected to be present. Referred to Environmental Councilman Hyde asked that copies of Control Commission and this report be sent to the Environmental Planning Commission Control Commission and the Planning Commis- sion for review and that they submit their views on this proposal to the Council prior to the meeting of June 18. STATUS REPORT ON The Director of Planning submitted a written SWEETWATER REGIONAL PARK report to the Council relating to the over- all Master Plan for the Sweetwater Regional Park. He noted tho status of the land acquisition for park development plans and conunented that the design for the first phase is now being prepared and will involve a budget of a lake, hiking, bicycling and equestrian trails and parking areas. Report accepted It was moved by Councilman Hobel, seconded by Councilman Hyde and unanimously carried that the report be accepted. REPORT ON PROGRESS OF The weekly report was submitted by the Direc- NEW LIBRARY tor of Public Works in which he noted that the library staff was working with the Consultant to determine the layout of equip- ment in the various work areas. Submission of the preliminary drawings will be ready in June. The City's insurance carrier, Marylmnd Casualty Company, is meeting with the mechanical engineers of the project to review the hca=ing, ventilating and air conditioning systems. Report accepted It Was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the interim report be accepted. Citx Council Meeting 4 June 4, 1974 REPORT QN OBSTRUCTION Diractor of planning Feteraon reported on OF AZTEC TV SIGN AT tke new commercial structure adjacent to 836 BROAD~{AY Aztec TV, 836 Broadwmz, which is utilizing a "0'~ building setback and thereby screens the existing freestanding Aztec TV sign, Mr,Peterson noted that the City Building Line Map establishes building setbacks throughout the City and this takes precedence over building setbacks set forth in the Zoning Ordinance, Reoemmendation of Planning It was his recommendation to (1) have Aztec Director install a higher sign which would be seen over the top of the new commercial structure, or relocate their present sign further south with closure of portions of the existing driveway; and (2) direct the Planning staff to explore the possibility of phasing out the existing Building Line Map which would then establish the setbacks set forth in the Zoning Ordinance as the controlling factor in the location of buildings. Report accepted It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the report be accepted. Mr. Richard Schuricht Mr. Schuricht explained that he has a 15-foot Aztec TV setback on the property now and if he uses his same sign, he would have to go up 35 feet in order to clear the adjacent building and the sign would not be readable. A new 3S-foot sign would cost approximately $5,000. Mr. Schuricht added that if he was allowed a 7-foot setback, he could bring his sign forward and lower it, thereby making it readable. Sign in right-of-way Director of Planning Peterson commented that the sign right now is on the front property line and Mr. Schuricht is talking about putting it in the public right-of-way which is the sidewalk area. This would in- volve an encroachment permit. City Attorney's opinion City Attorney Lindberg stated that the en- croachment permit approach would not be available - the ordinance prohibits signs within the public right-of-way. Through the variance process, applicants are allowed to place Bign$ in the setback area but not in the, public rights-of-way. Fran Burger In answer to Councilman Hobel's query, Mr. Pacific Sign Company Burger indicated no extension could be made on the existing sign to bring it to the 35-foot height ~ the footing of the sign is not deep enough, It would need at least a 10~£oot £ooting~ Motion for staff direction It was moved by Mayor Hamilton, seconded by Councilman H~de and unanimously carried that the Staff be directed to work with Mr. Schuricht and Mr. Burger for a reason- able solution to this problem and that this be presented to the Council at the next meeting. City Ceuncil Meeting 5 June 4, 1974 SAFETY COMMISSION RECOMMENDATIONS (a) Parking at Broadway The Safety Commission voted to take no ac~ Shopping Center tion on this matter~ The Manager of the Broadway Shopping Center admitted that there are cars parked along the red curbs at times but he preferred not to enforce the ~tow-away" provision of the law in the interest of public relations. The Security Manager of Sears indicated no problems with curbside parking~ (b) Intersection of Palomar The Safety Commission recommended that a and Melrose Avenue four-way stop be installed at this inter- section. (c) Safety fence and grills Th~ Safety Commission recommended that a on drainage ditch at six-foot safety fence be installed at this 1573 Loma Court area location but that the grills across the drainage channels not be installed as such grills would serve as collectors for debris in the event of rains, thereby reducing the effectiveness of the drains. City Manager Thomson indicated his concur- rence with the recommendations regarding parking at the Broadway shopping center and the drainage ditch at Loma Court. He stated he did not concur with the recommendation for a four-way stop at Palomar and Melrose. Motion to accept recommendations It was moved by Councilman Egdahl, seconded by Councilman Hobel and unanimously carried that the recommendations of the Safety Commission (a-b-c) be accepted. Emeralde Randolph Mrs. Randolph ~hanked the Council for its Principal, Palomar School action as it pertained to the four-way stop a~ Palomar and Melrose. CONSENT CALENDAR It was moved by Councilman Hobel, seconded by Councilman Egdahl and unanimously car- ' ried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7316 - The Division of Engineering made a study of ACCEPTING DEED FOR the need for additional right-of-way for DEDICATING A PORTION Telegraph Canyon Road lying between Hilltop OF TELEGRAPH CANYON ROAD Drive and the intersection of East "L" FROM SWEETWATER UNION Street and Nacion Avenue. The study deter- HIGH SCHOOL DISTRICT mined an alignment and future width of right-of-way necessary to accommodate the projected traffic needs. The Sweetwater Union High School District has submitted a deed for dedicating a portion of this addi- tional right-of-way adjacent to the Hilltop Junior High School. RESOLUTION NO. 7317 - Mr. and Mrs. Walter F. Hedge have submitted ACCEPTING GRANT OF an ©x¢cuted grant of easement to the City EASEMENT PROM WALTER F. for a required drainage easement along Bay AND DOROTHY T. HEDGE FOR Boulevard. DRAINAGE PURPOSES City Council Meeting 6 June 4, 1974 RESOLUTION NO. 7318 - The following hi.ds were received on Tuesday, ACCEPTING BIDS AND Hay 28t AWARDING CONTRACT FOR THE CONSTRUCTION OF Griffith Company $ 8,548.08 PARKING LOT MODIFICA, W, H. Ledhetter 8,967.12 TIONS AND RESURFACING Daley Corporation 9,478.56 AT MEMORIAL PARK GYM R~ E. Hazard 9,985.50 ABC Construction 10,733.30 T. B. Penick 12,189.67 Director of Public Works Cole recommended that the contract be awarded to the low bidder, grtffith Company, for this project and that the Council authorize the expenditure of $9,183,00 ($8,348.08 + 10% contingencies). RESOLUTION NO. 7319.. This resolution sets June 18, 1974 as the GIVING NOTICE OF PUBLIC date for the public hearing, HEARING TO CONSIDER ADOPTION OF THE BUDGET OF THE CITY OF CHULA VISTA FOR FISCAL YEAR 1974-75 (End of Consent Calendar) RESOLUTION NO. 7320 - A request was received from Mr. Ange Mandra, APPROPRIATING FUNDS 801 Vista Wa% for City participation in the FOR CONSTRUCTION OF construction of a fence at his property. FENCE AT HILLTOP PARK (Council policy regarding fencing at Hilltop Park with individual property owners is on a 50~50 basis.) The total cost of the fenc is $844.40 with the City's share being $422.20. Resolution offered Offered by Councilman Egdahl, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit; AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde Noes: None Absent: Councilman Scott ORD{NANCE NO. 1537 - The ordinance decreases the speed limit on AMENDING SECTION 19.3001, Oleander Avenue between Otay Valley Road SCHEDULE X OF THE CITY and Telegraph Canyon Road to 25 MPH and CODE DECREASING SPEED the speed limit on Second Avenue between LIMITS IN CERTAIN AREAS - "C" Street and "E" Street to 30 MPH. FIRST READING O~Rinance placed on It was moved by Councilman Egdahl that this first reading ordinance be placed on first reading and that reading of the text be waived by unani- mous consent. The motion carried by thc following vote, to-wit: AYES; Councilmen Egdahl, Hobel, Hamilton, Hyde. Noes: None Absent: Councilman Scott City Council Meeting 7 June 4, 1974 ORDINANCE NO. 1538 - This ordinance is designed to insure that AMENDING SECTION 19.10.11 the residents will not be plagued, especially OF THE CITY CODE (ORD. NO. in the outlying areas of the City, by off- 973) RELATING TO THE OPERA- the-road vehicles at all hours of the day TION OF VEHICLES ON PRIVATE and night. PROPERTY - FIRST READING Ordinance placed on It was moved by Councilman Hyde that this first reading ordinance be placed on first reading and that reading of the text be waived by unani- mous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott Council discussion Councilman Egdahl asked if there was some way in which everyone in this could come out a winner. He asked where these young people were expected to ride their bikes, and if they are not allowed to do this, what are they going to do? The objections to this riding come, not from the people who own the property, but from the neighbors who object to the noise; therefore, there would always be this problem. City Attorney Lindberg responded to the comments made b7 Councilman Egdahl citing the drag strips created sometime ago in San Diego which resulted in riots. He concurred that even though a property owner grants permission for these riders to use his property, complaints would come from the neighbors and the Attorney's office would then have to prosecute. Councilman Hobel suggested a time period be stipulated whereby the young people could ride at times during the day when the noise wouldn't be so offensive to the neigh- bors. Councilman Hyde commented that the solution seems to be to find areas out in the rural sections. After discussion, the Council concurred that there was no solution to this problem. ORDINANCE NO. 1533 - The ordinance was placed on first reading AMENDING ZONING MAP at the meeting of May 28, 1974. ESTABLISHED BY SECTION 55.401 OF THE CITY CODE REZONING THAT CERTAIN PROPERTY LOCATED AT THE REAR PROTION OF LOT AT 29 BROADWAY FROM R-3 TO C-T-P - SECOND READING AND ADOPTION City Council Meeting 8 June 4, 1974 Ordinance placed on second It was moved by Councilman Hyde that this reading and adopted ordinance be placed on second reading and adopted and that reading o£ the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott ORDINANCE NO. 1534 - This amendment establishes a fee schedule AMENDING SECTION 28.802, based on either lots or dwelling units, SUBSECTION 5 OF ARTICLE 8 whichever is greater in number. The OF CHAPTER 28 OF THE CITY ordinance was placed on first reading at CODE RELATING TO FEES FOR the meeting of May 28, 1974. THE PROCESSING OF SUBDIVI- SION MAPS - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Hyde that this second reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott ORDINANCE NO. 1535 - The ordinance direct that upon the application AMENDING SECTION 19.410 of the owner or occupant of the property, OF THE CITY CODE RELATING the Director of Public Works shall cause TO CURB CLEARANCE AT to be painted in red the curbs on each side DRIVEWAYS - SECOND READING of a driveway a minimum of 18 inches. AND ADOPTION Request for further Director of Public Works Cole stated he was amendment concerned with the amendment deleting the fee and the wording "upon application, the Director of Public Works shall cause ..." This means that anywhemzin the City, upon application, his staff would have to go out and paint curbs. He asked that the ordinance be rewritten in such a way that it would relate to the safety factor noted by the Council at the last meeting. Ordinance filed It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that Ordinance No. 1535 be taken off the agenda and filed at this time. ORDINANCE NO. 1S36 - The ordinance, submitted as a unanimous AMENDING SECTION 18.75 consent item at the meeting of May 28, 1974, OF THE CITY CODE RELATING was placed on first reading. It stipulates TO LICENSING OF ALL PERSONS a $500 license fee for the remainder of IN THE BUSINESS OF SELLING this calendar year. SUBSCRIPTIONS FOR PAY TELEVISION - SECOND READING AND ADOPTION City Council Meeting 9 June 4, 1974 Ordinance placed on It was moved by Councilman Hyde that this second reading and adopted ordinance be placed on second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hobel, Hamilton Noes: None Absent: Councilman Scott MAYOR'S REPORT Appointment to Mayor Hamilton noted that the Council should Boards and Commissions make an appointment to the Planning Commis- sion and asked that this be held until the meeting of June 18 when Councilman Scott will be back in town. Chula Vista students Mayor Hamilton announced that four students going to Argentina and four adults from Chula Vista will be visiting Argentina beginning the 28th of this month. During this trip, the7 will visit the Sister City of Irapuato. Mayor Hamilton informed the Council that a City plaque is being sent with the students to be presented to the Mayor of General Roca. SANPAT Meeting A public hearing on SANPAT will be held on Monday, June 24, 1974 at the Montgomery High School. JOINT Meetings Mayor Hamilton directed the City Clerk to come back, at the next meeting, with pos- sible dates for the joint meeting with the Youth Commission and other conferences. EXECUTIVE SESSION It was moved by Mayor Hamilton, seconded by Councilman Hyde and unanimously carried that an Executive Session be called at the close fo the business meeting for personnel reasons. AB 2648 Councilman Hobel reported that representatives Creation of Regional of the Comprehensive Planning Organization Transit District (CPO) will be going to Sacramento on Tuesday to respond to the many amendments being imposed by the State legislation. These amendments are in direct conflict with the original draft created here, such as the boundaries, elected versus the appointed. Resolution to be It was moved by Councilman Hobel, seconded prepared by Mayor Hamilton and unanimously carried that a resolution be prepared supporting the draft legislation (initiated by CPO) which was sent to Sacramento. (The draft legislation consisted of an appointed board, the boundaries covered the western 1/3 of the County, etc.) City Council Meeting 10 June 4, 1974 Annexation Meeting Councilman Hobel commented that he, along with members of the staff, attended the Board of Supervisors meeting regarding annexation meetings held last week. Council- man Hobel discussed the delays in the procedure indicating that LAFCO needs to have pressure brought against them to complete the sphere of influence report. They want approximately one-quarter million dollars to complete this report. City Manager Thomson remarked that it was noted that the policy adopted at this meet- ing disregarded any mention specifically of the Metropolitan Sewer Systemsrecognized sphere of influence which is significant to this City. BRADLEY ANNEXATION It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the City Manager and the City Attorney meet with Mr. Jim Tennant, County Park Development Officer, as soon as plans for the Bradley property have been reviewed by the Planning staff in order to insure full coordination between the City and the County with regard to the regional park development plans and the City's zoning and General Plan. POLICE-SCHOOL PROGRAM Councilman Hyde noted the report submitted by the Chief of Police in which he indicated that the goals of the program were to reduce juvenile arrests by 10%, recidivism by 5%, referrals to probation by 20%. After 2 years of operation, these goals have been achieved. Councilman Hyde suggested that a report, such as this, be submitted to the City Council annually for evaluation purposes. LETTER FROM CHULA VISTA Councilman Hyde referred to the letter FIREFIGHTERS received from the Firefighters and requested that the City Manager have some comments ready for the Council at the next meeting, or whenever is convenient. UNDERGROUNDING UTILITY Councilman Egdahl referred to the memo LINES AT I~805 received from the staff indicating that the lines cannot be undergrounded due to lack of money and CALTRANS not being permitted, under State law, to underground utilities. Motion for staff report It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that the staff respond to the following questions: (1) when the freeway is being constructed, and because it will affect the aesthetics of this community, what costs are involved in un~ergrounding those lines at this time; and (2) should the area be designated a redevelopment area, could such costs be reimbursed under the redevelopment project. City Council Meeting 11 June 4, 1974 SOUTH BAY JUDICIAL It was moved by Councilman Egdahl and seconded DISTRICT by Councilman Hyde that this item be reconsid- ered. Councilman Egdahl stated that he has done some exploration of the proposal with Mr. James of the County staff, a representative of the South Bay Bar Association and the City Attorney. The problem has been one of money -- the money would have to come from the County or be appropriated by the legislature (which will not happen). The need is for a faci]ity - courtroom and related rooms which would be used by the San Diego Judicial District. The basic argument for that is that"one judicial district as opposed to our own judicial district -- being part of the San Diego Judicial District -- offers some economies and efficiencies of operation that we would not be able to accomplish by ourselves." Councilman Egdahl suggested the other cities in the South Bay (Imperial Beach, Coronado, National City) be requested to ask the County to provide money out of revenue sharing funds for the purchase of the past post office building for a temporary facility. Also, that a permanent court facility be constructed in the South Bay at some location. Resolution to be brought The Mayor directed that the previous resolu- back tion approved by the Council along with the new one as proposed by Councilman Egdahl be brought to the next meeting. Councilman Hyde asked that a report be given to the Council on each of the two basic proposals - advantages and disadvantages as - they would relate to Chula Vista. City Attorney Lindberg stated he would prepare this report, and would also bring back the resolution of the San Diego County Bar Association in this regard. Notification Councilman Hyde asked that the South Bay Bar Association and Assemblyman Deddeh's office be advised of this action. WRITTEN COMMUNICATIONS Verified claim for damages - Mr. Anderson filed a verified claim for Jerrold G. Anderson damages in the amount of $S,000 claiming 4201 Bonita Road, Bonita that on February 21, 1974 while jogging along the trails of the Chula Vista Munic- ipal Golf Course, he stepped onto a broken metal fence post which protruded through his foot, Claim denied It was moved by Councilman Hyde, seconded by Councilman Hobel and unanimously carried that the claim be denied and turned over to the City's insurance carrier for investigation. City Council Meeting ]2 June 4, 1974 Verified claim for damages - Mr. Fitzpatrick filed a verified claim for Ward Fitzpatrick damages in the amount of $43.27 claiming 215-B Fourth Avenue that on March 8, 1974, a police sergeant investigating a noise broke down his door when he refused the officer entrance onto his premises. Referred to City Attorney It was moved by Councilman Hyde, seconded and City Manager by Councilman Hobel and unanimously carried that this claim be referred to the City Attorney and City Manager for investigation and appropriate payment, if deemed necessary. Request for public hearing Mr. Shattuck requested that a public hearing regarding rezoning of property rezoning his property at the east end o£ east of "J" Street - J.R. "J" Street to R-1-H be held on June 18, 1974 Shattuck when a full Council is expected to be present. Planning Director's comments Mr. Peterson explained that this was one of nineteen parcels brought to the Council a few weeks ago for consideration of R-1-H zoning. Mr. Shattuck has prepared a tenta- tive map that conforms to the City's Hill- side Ordinance. The Planning Commission has recommended that the property be rezoned. Public hearing set It was moved by Councilman Hyde, seconded by Mayor Hamilton and unanimously carried that the public hearing be scheduled for June 18, 1974. EXECUTIVE SESSION The Council recessed to Executive Session at 8:35 p.m. and the meeting reconvened at 9:27 p.m. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:27 p.m. to the meeting scheduled for Tuesday, June 11, 1974 at 7:00 p.m. ~ City C~erk y