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HomeMy WebLinkAboutcc min 1996/11/12MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 12, 1996 6:06 p.m. 1. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: CALL TO ORDER Council Chambers Public Services Building Councilmembers Scott D. Alevy, John S. Moot, Stephen C. Padilia, and Jerry R. Rindone. Mayor Shirley A. Horton John Goss, City Manager; Ann Moore, Acting City Attorney; Beverly A. Authelet, City Clerk; and Patricia Schwenke, Deputy City Clerk. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None. CONSENT CALENDAR (Items pulled: None) THE CONSENT CALENDAR, INCLUDING ITEM 11 BEING CONTINUED TO 11/19/96, WAS OFFERED BY COUNCILMEMBER RINDONE, reading of the text was waived, titles read, passed and approved 4-0-1 with Hotton absent. 5. WRITTEN COMMUNICATIONS: a. Letter from the Acting City Attorney stating that there were no repurtable actions taken in Closed Session on 11/5/96. It is recommended that the letter be received and filed. 6. RESOLUTION 18488 AUTHORIZING THE MAYOR TO EXECUTE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE AMOUNT OF $15,000 FOR CHULA VISTA EXPO '97 AND APPROPRIATING $15,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND, AND APPROVING THE EXPENDITURE OF SAID CITY FUNDING TO CONDUCT THE 1997 EXPO EVENT PRIOR TO PORT DISTRICT REIMBURSEMENT - In July 1996, the City submitted a financial assistance request to the San Diego Unified Port District for partial funding of the 1997 Expo event. The Board of Port Commissions approved the request at their meeting of 8/20/96, and the Port is now requiring the City to enter into a formal agreement which stipulates conditions and requirements for receipt of the approved funding. Staff recommends approval of the resolution. (Director of Parks and Recreation) 4/5th's vote required. Minutes November 12, 1996 Page 2 7. RESOLUTION 18489 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF ADA RENOVATIONS PHASE II AT 25 SITES IN THE CITY (GG-144C) - The work to be done consists of modifying existing restrooms to accommodate individuals with disabilities. The work includes minor demolition work, construction of interior walls, plumbing lixtures, doors, hardware, signage, and ~terior finishes. Staff recommends approval of the resolution and awarding contract to Famania Construction. (Director of Public Works and Director of Building and Housing) 8. RESOLUTION 18490 ACCEPTING BIDS AND AWARDING CONTRACT FOR "MEMORIAL PARK STAGE IMPROVEMENTS (PR-168) AND EUCALYPTUS PARK SITE IMPROVEMENTS (PR-146) IN THE CITY"; AND RE-APPROPRIATING $8,030 IN PARKLAND ACQUISITION AND DEVELOPMENT FUNDS FROM PR-183 (PLAYGROUND RENOVATION PHASE II) TO MEMORIAL PARK STAGE IMPROVEMENTS (PR-168) On 10/9/96, sealed bids were received. The work to be done consists of constructing access to the children's play equipment at Eucalyptus Park and constructing an expansion to the existing stage area at Memorial Park. Staff' recommends approval of the resolution awarding the contract to Fox Construction - San Diego in the amount of $114,715. (Director of Public Works) 9. RESOLUTION 18491 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH DKS ASSOCIATES FOR TRAFFIC SIGNAL SYSTEM UPGRADE TECHNICAL DESIGN STUDY (CIP TF 237), AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT - On 11/14/95, Council apprnved an agreement with DKS Associates to design an adaptive traffic control signal system. DKS has completed Tasks 1 and 3 of the contract and is currently working on Tasks 2 and 4. Task 2 includes specifications for the system and Task 4 is preparation of the plans, specifications and estimates for Phase II of the project. DKS has submitted a proposal to evaluate use of video detection in lieu of the standard loop detection and to prepare plans and specifications for use by the City in the Phase II work. Staff believes it would be beneficial to include this work under Task 2 of the contract. Start reco~mnends approval of the resolution. (Director of Public Works) 10.A. RESOLUTION 18492 APPROVING FINAL MAP OF TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 3 (SOUTH HALF), ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS DEDICATED ON SAID MAP, REJECTING ON BEHALF OF THE CITY THE OPEN SPACE LOTS GRANTED ON SAID MAP, ACCEPTING THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake Greens. On 8/16/94, Council approved the amended tentative map for EastLake South Greens, Tentative Map 88-3A, and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 18493 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR EASTLAKE SOUTH GREENS UNIT 3 (SOUTH HALF) REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER 15200 AND 17618, AND AUTHORIZING THE MAYOR TO EXECUI'E SAME 11. RESOLUTION 18494 DISSOLVING THE COUNCIL APPOINTED INTERIM BECA BOARD AND AUTHORIZING STAFF TO APPOINT THE MEMBERS OF THE ADVISORY BOARD TO CONTINUE IN AN ADVISORY CAPACITY TO STAFF - On 8/22/95, Council approved an Interim BECA Advisory Board Minutes November 12, 1996 Page 3 represented by 11 organizations/individuals. These organizations/individuals were recommended by staff to provide a mix of public and private entities who are stakeholders in the regional BECA alliance. The Board's contributions include working with staff in the areas of coordinating and levemging regional resources, enhanced program marketing, and providing technical advice. These functions may be best served by the Board continuing to act in an advisory capacity to the BECA program and staff. For the purposes of legal clarification, staff is recommending the existing Interim Board, as appointed by Council, be dissolved and the new Board membership be selected by staff. Staff recommends approval of the resolution. (Director of Community Development) Continued to the meeting of 11/19/96. * * * END OF CONSENT CALENDAR * * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12.A. RESOLUTION 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE OTAY RANCH SPA ONE, TRACT 96-04 - (This is a rdated item. but does not reouire a public hearing) B. RESOLUTION 18417 APPROVING AN INDEMNIFICATION AGREEMENT WITH VILLAGE DEVELOPMENT FOR TRACT 96-04 - (This is a related item. but does not reouire a public hearing) C. PUBLIC HEARING PCS 96-04: CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH SPA ONE, TRACT 96-04 GENERALLY LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO AND THE FUTURE SR-125 ALIGNMENT AND EXCLUDING 288 ACRES IN ASSESSOR PARCEL NUMBER (APN) 642-060-11 AND A PORTION OF APN 642-080-11 - Adopt a Second Addendure to FEIR 95-01 and recertify FEIR 95-01 and the First Addendum for the Otay Ranch SPA One and Tentative Subdivision Map for Village One and Phase 1-A of Village Five of the Otay Ranch SPA One, Chula Vista Tract 96-04, in accordance with the findings and subject to the conditions contained in the draft resolution. Staff recommends approval of the resolutions. (Otay Ranch Manager) Continued from the meeting of 9/17/96. D. RESOLUTION 18398 ADOPTING THE SECOND ADDENDUM TO AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #95021012) AND FIRST ADDENDUM READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCHO SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS AND CONTINUING ALTERNATIVE TENTATIVE MAP PROPOSALS This being the time and place as advertised, the public hearing was declared open. There being no speakers, the public hearing was declared closed. Jerry Jamriska, Otay Ranch Special Planning Projects Manager, indicated that the applicant requested a one-week continuance. Councilmember Rindone asked if this item could be continued to 12/10/96 for the new council. Kim Kilkenny, Vice President of Village Development, answered they were anxious to move forward and preferred a one-week continuance. Minutes November 12, 1996 Page 4 Mayor Pro Tern Moot also preferred a one-week continuance, because the current Council was familiar with the subject, and it would be most appropriate for them to resolve it. MSC (Alevy/Rindone) to continue to 11/19/96, approved 4-0-1 with Horton absent. 13. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT VVITH VILLAGE DEVELOPMENT - An amendment to the development agreement to further guarantee infrastructure improvements where the developer wants to create parcels for sale prior to fmalizing the final subdivision map. The amendment also addresses future problems with regard to any debt payment that might be levied to make public improvements or should development be only partially completed on any paaietdar project due to any stoppage of work especially due to a bankruptcy action. Staff recommends Council place the ordinance on first reading. (Deputy City Manager, planning Director, and Otay Ranch Manager) ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP, VILLAGE DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (first reading) This being the time and place as advertised, the public heating was declared open. There being no speakers, the public hearing was declared closed. MSC (Padi!la/Alevy) to continue to 11/19/96, approved 4-0-1 with Horton absent. 14. PUBLIC HEARING ASSESSMENT DISTRICT (AD 93-01) FOR ALLEY IMPROVEMENTS EAST OF SECOND AVENUE AND SOUTH OF "J" STREET - On 10/15/96, Council accepted the filing of the Engineer' s Report by the City Engineer on the cost of construction and setfrog 11/12/96 at 6:00 p.m. as the date and time for a public hearing on an assessment district for alley improvements east of Second Avenue. Staff recommends approval of the resolutions. (Director of Public Works) A. RESOLUTION 18495 CONFIRMING THE ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SPREAD OF ASSESSMENTS ON ASSESSMENT DISTRICT NUMBER 93-01 FOR ALLEY IMPROVEMENTS EAST OF SECOND AVENUE AND SOUTH OF "J" STREET B. RESOLUTION 18496 ADOPTING A NOTICE OF LIEN TO LEVY AND COLLECT ASSESSMENTS FOR ASSESSMENT DISTRICT NUMBER 93-01 FOR ALLEY IMPROVEMENTS EAST OF SECOND AVENUE AND SOUTH OF "J" STREET Mayor Pro Tern Moot explained that because of the recently passed Proposition 218, staff would need additional time to analyze whether this assessment district was consistent with the resolution. Ann Moore, Acting City Attorney, advised it was not necessary to open the public heating if the item was continued indefinitely. The exemptions provided under Proposition 218 were vague and additional time was needed to analyze it with respect to particular assessment districts. Councilmember Alevy believed his understanding of Proposition 218 included facilities that were built, completed, and previously voted on. Minutes November 12, 1996 Page 5 John Lippitt, Director of Public Works, indicated a petition was signed by 65 percent of the property owners, and the assessments for these types of districts would not be levied until after the hearing. MSC (Alevy/Padilla) to continue this item indefinitely until staff has a chance to look at the implications of Proposition 218 on this issue, approved 4-0-1 with Horton absent. ORAL COMMUNICATIONS · Bill Ayers, 44 East Mankato Street, Chula Vista, CA, representing the San Diego County Veterans Advisory Committee, requested a report from Council regarding the veterans preference status. Mayor Pro Tem Moot stated the recently passed Proposition 209 might impact all preference programs, and although he hoped the proposition did not apply to veterans, staff wmdd research it. John Goss, City Manager, stated he would provide Mr. Ayers with written material regarding a certain limited amount of veterans preference that could apply. BOARD AND COI%!MISSION RECOMMENDATIONS None submitted. ACTION ITEMS 15. RESOLUTION 18497 APPROVING COUNCIL POLICY REGARDING REQUESTS FOR PAYMENT FOR OUTSIDE LEGAL ASSISTANCE OBTAINED BY EMPLOYEES APPOINTED BY CITY COUNCIL - On 6/11/96, Council directed staff to prepare a policy for Council's consideration regarding legal representation in special circumstances. Staff recommends approval of the resolution. (City Manager) Councilmember Rindone indicated concern that the policy applied to only a portion of staff, and he asked if other employees had similar protection. Mayor Pro Tem Moot explained the policy was only for those persons serving at the pleasure of the City Council and who were subject to removal by a majority vote of Council. Ms. Moore advised Council the policy specifically applied to the City Attomey, City Manager, and City Clerk. RESOLUTION 18497 OFFERED BY COUNCILMEMBER ALEVY, reading of the text was waived, title read, passed and approved 3-1-1 with Rindone opposed and Horton absent. 16. RESOLUTION 18455 APPROVING TERMS AND CONDITIONS FOR THE SALE OF MARINA VIEW PARK TO THE UNIFIED PORT DISTRICT AND AUTHORIZING STAFF TO PREPARE AND EXECUTE A PURCHASE AND SALES AGREEMENT AND ESCROW INSTRUCTIONS - The City has requested that the Unified Port District acquire certain City and Redevelopment Agency properties on the Bayfront, including Marina View Park on Marina Parkway and three properties on Lagoon Drive (the former Marina Motor Hotel, Shangri-La and Cappos properties). City staff has been negotiating the sale of these properties which have been Minutes November 12, 1996 Page 6 delayed for a variety of reasons including legal incumbrance and contaminated soils which are now close to resolution. Staff has recently received amended terms of sale for the Marina View Park property which are acceptable and are being tbrwarded to Council for review and authorization to proceed. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of 11/5/96. Chris Salomone, Director of Conm~unity Development, stated the issue began over a year ago when staff was directed to explore the sale of properties deemed either surplus or capable of being sold without major impacts to the Redevelopmerit Agency. This parcel was appraised at highest and best use, and staff requested direction from Council regarding specific protections such as a first right of refusal or option. The Port will notify the City in the event any potential change of use of this parcel is imminent. The use is not likely to change from a park, because one of the Port purposes is to provide recreational amenities. If this resolution is approved, Marina View Park would fall under Port jurisdiction, who would have land use control under State authority. Our protection would be our positive relationship with the Port, as the City and the Port share the same interests and are currently undergoing joint master planning efforts in building capital improvements to develop the Bayfront. The park is currently zoned for recreation and could not be changed without an amendment to the Local Coastal Plan. Councilmember Padilia indicated concern the agreement did not contain a provision for a meet and confer on future use proposals. He understood that review and approvals were required tbr a land use change in this particular area, but he was uncomfortable there were no provisions in the agreement for safeguards. Although the City benefits from the sale, he wanted assurance the land remains a park in the future. Councilmember Rindone had similar concerns and referenced a letter received from Jess Vandeventer. He believed Mr. Vandeventer tried to make a genuine effort in providing assurances with the safeguards currently in place. He also corresponded with Mr. Vandeventer expressing those concerns and hoped further negotiations would provide additional safeguards. Through further dialogue and meet and confer efforts, he believes the Port could provide assurances that Marina View Park will remain a park. Councilmember Alevy asked if the agreement coold include a clause to provide the City protection. Mr. Salomone explained the land was appraised at its highest and best use, and if the City insisted on the land being in perpetuity deemed a park, it would affect the value and the Port would re-appraise the land. Mr. Goss believed the Port was not supportive to guarantee the land in perpetuity being a park. One-half of the park was already owned and controlled by the Port, and it would be difficult to change the park to another use. This is a good deal for the City to have a park approved at a commercial value, and if the resolution is approved, it would be a major step to reduce the Redevelopment Agency's deficit. Councilmember Padilia expressed the concern that if the agreement stated under no conditions would Marina View Park be anything other than a park, the Port would insist on re-appraising the land. If the Port District staff was sure this would remain a park, they would not be settling for negotiations with the City to purchase the land at the highest and best assessed value. He believes the Port is committed to making sure the park remains a use we can enjoy and benefit from, but there remains a risk because the agreement does not reflect that. Mr. Goss did not believe the Port viewed this land as foture commercial property. Several years ago, the City was able to get several items listed in their Capital Improvement Program, which was also part of the Port Capital Improvement Program, and they could be implemented as long as there were no major changes. It is a process the City and the Port started and were trying to execute. Mayor Pro Tem Moot stated approximately four to five months ago this issue was discussed, and the continuance or passage of time have not materially changed regarding this matter. It was clear the Port was trying to do the Minutes November 12, 1996 Page 7 City of Chula Vista a favor in giving an enhanced value for this land. Several years ago the Port made a commitment as part of their Capital Improvement Program, and they have a fiduciary duty to the people they represent. He would not support this if he believed the Port would take an existing park, half of which they already own, and convert it to something else; the Port Chair and the City's Port member have assured this will remain a park. Council has the option to accept the assurances that were given in good faith and put some additional money in the City's budget for potentially giving raises to employees, raises they haven't received in four years; or continue down the path we are on and not go through with a deal, in which case we would lose money. Councilmember Alevy had been advised the Port would meet and confer with the City conceming any future proposal to change the land use. Mr. Salomone explained the Port would notify us if they intended to change the land use, which was different than a meet and confer provision. Mayor Pro Tem Moot said for the reasons previously stated, he suggested voting on this resolution because additional continuances would lead to the same place, and he did not want to lose the offer that was on the table. MSC (Rindone/Padilla) to direct staff to seek further negntiafions with the Port and specifically to obtain a meet and confer provision directly to the Port Commission, apprnved 3-1-1 with Moot opposed and Hotton absent. 17. RESOLUTION 18487 CONCEPTUALLY APPROVING THE TENTATIVE AGREEMENT WITH SHARP HEALTHCARE FOR THE PURPOSE OF SATISFYING SHARP'S CONTRACTUAL OBLIGATIONS TO THE CITY - Staff has recently concluded negotiations with Sharp Health Care representatives regarding a tentative agreement to satisfy Sharp's contractual obligations with Chula Vista. The general parameters of the proposed agreement provides the City with a cash payout at the close of escrow between Sharp/Columbia, an extension of medical benefits with accruing interest through the year 2008, guarantees regarding Chula Vista representation on the new non-profit Board and guarantees for Chnla Vista regarding potential "upside" gains related to the future sale of Sharp's remaining interest in the new entity. Staff recommends Council approve the resolution and direct staff to return with final contract language. (Assistant City Manager) Continued from the meeting of 11/5/96. MSC (Moot/Rindone) to continue this item indefinitely, approved 4-0-1 with Hnrton absent. ITEMS PULLED FROM THE CONSENT CALENDAR (None) OTHER BUSINESS 18. CITY MANAGER'S REPORT(S) ® Mr. Goss stated the recently adopted Proposition 218 has certain impacts to the City, and staff will analyze the impacts of the proposition. · Mr. Goss informed Council that the Building Indnstry Association held a press conference which criticized six City governments in San Diego County, including Chula Vista, regarding development impact fees. He was also Minutes November 12, 1996 Page 8 contacted by the media regarding the press conference. One of the comments was that cities collected development impact fees, put them in a pot of money, and didn't keep good track of them. The City of Chula Vista has staff whose sole responsibility is ensuring development fees collected are spent for the appropriate purposes. There was also implication the fees did more than just support the infrastructure improvements required by new growth. For a number of years, Chula Vista policy has been that new growth should pay for itself. Taxpayers, as a whole in this City, should not supplement or subsidize new development in the City, as it should be paid by new development. Them are development fees tbr park acquisition, transportation, and public facilities which incorporate a number of issues such as new fire stations, libraries, and any expansion of major infrastructure necessary because of growth. Our City diverted $4 million for phone upgrades, computer software, etc., but over half of that money was used for the Geographic Information System. Of the total cost projected in our Capital Improvement Program for the Geographic lntbrmation System, less than half of the amount was paid for by new growth, and the remainder came from other established fees in the City. He assured Council that over the past several years, the City has made sure that new growth paid for itself, and the City has separately tracked those funds to make sure they were spent appropriately. If there was a question about the formula the City used, staff would be willing to discuss the matter further with the Building Industry Association. Councilmember Rindone stated the City's encouragement of growth, jobs and opportunities speak well for this community. Infrastructure and the necessary public services and amenities for the quality of life expected in Chula Vista are in place and paid for by the developers prior to construction of new homes. 19. MAYOR'S REPORT: Mayor Pro Tern Moot recognized that a lot of hard work goes into a campaign, and on behalf of himself and Dennis RowIey, he thanked all of the people for their efforts in working on their campaigns. 20. COUNCIL COMMENTS · Councilmember Rindone commended Commander Bob Price, Post 2111 and the various Veterans Associations for organizing the exemplary Veterans Day cere~nonies recognizing the dedication, hard work and sacrifices of our veterans. · Councilmember Rindone stated it was standard practice that Council-elect persons were encouraged to attend closed sessions on issues involving the City, until they were sworn in. His traderstanding of the Brown Act was once a person became a Council-elect person, the requirements, provisions and restrictions of the Brown Act applied to him or her. Arm Moore, Acting City Attorney, advised against it because what occurs in closed session is considered privileged as a result of governmental immunities or the attorney-client privilege, and both of those would be jeopardized if third persons were present. Mayor Pro Tem Moot suggested the City Attorney's office prepare a written report regarding this issue. (Councilmember. elect Mary Salas was present and agreed to allow staff time to research the issue.) ADJOURNMENT The meeting adjourned at 7:06 p.m. to a closed session. Minutes November 12, 1996 Page 9 CLOSED SESSION 21. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · SNMB, L.P. vs.the City of Chula Vista and MCA. · Cln'istopher vs. the City of Chula Vista. 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Metro sewer issues. · Significant exposure to litigation pursuant to subdivision (b) Section 54956.9: 1. PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 ® Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). UnrepresenteA/employee: Executive Management, Mid-Management, and Unxepresented. 22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION: There were no reportable actions taken in closed session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Patricia Schwenke, Deputy City Clerk