HomeMy WebLinkAboutStaff Report 1.A 10/01/2012 14 e*tda�Itenv# LA
a 1 City of Petaluma, California
„ MEETING OF THE'CITY.COUNCIL/
e PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
1856
1 Draft City Council/PCDSA Minutes
2
Monday/September 24, 2012
3 RegularMeeting
4
5
6
7 MONDAY, SEPTEMBER 24, 2012
A CLOSED SESSION -5:00 P.M.
9
10
11 CALL TO ORDER- CLOSED SESSION i
12
13 A. Roll Call
14
15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
16 Gabe Kearney;Tiffany Renee
17 Absent: None
18
19 CLOSED"SESSION
20
21 • • CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION: Significant exposure to
22 litigation pursuant to sUddhiision (b) of Section.54956.9: One potential case.
23 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a).of California
24 Government Code Section 54956.9:Application of the City of Petaluma for an Order
25 Authorizing the Permanent Relocation.of One At-Grade Crossing of the Tracks of the
26 • Sonoma-Marin Area-Rail:Transit'District, Before the.Public Utilities Commission of the State of
27 California, filed March 30,,201.2, Application number A-.12-03-027.
29 Section 54957 Title: CityClerk. - TTuts,item wa2w not heard
30
31 PUBLIC COMMENT ON CLOSED SESSION.ITEMS
32
33 None.
34
35 ADJOURN TO CLOSED SESSION
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Vol. XX, Page 2 September 24, 2012
1
2 'MONDAY SEPTEMBER 24..2012
3 EVENING SESSION -.6:45.P.M.
4
5
6 CALL TO ORDER - EVENING SESSION
7
8 A. Roll Call
9
10 Present: Chris.Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
11 Gabe Kearney; Tiffany Renee
12 Absent None
13
14 B. Pledge of Allegiance
15
16 Petaluma Nationals Little League Team
17
18 PRESENTATIONS
19
20 • Congresswoman Lynn Woolsey'Presenting Congressional Record Entries to Petaluma
21 National Little League Team
22
23 Mayor Glass
24
25 Congresswoman Lynn Woolsey
26
27 I Mayor Glass
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29 Congresswoman Woolsey
30'
31 AGENDA°CHANGESiAND.DELETIONS (To Current Agenda Only)
32
33 Mayor Glass announced that final item on the agenda (Item 5.A: Deer Creek Appeal)would be
34- removed from tonight's agenda because the appellant had withdrawn the appeal.
35
36 City Attorney Danly asked that the record reflect his comments regarding the matter:
37
38 The appeal has been withdrawn at the request of the appellant, pursuant to the
39 settlement agreement that's been executed between the Petaluma
40 Neighborhood Association (PNA) and Merlone Geier'Management. In terms of
41 the issue of finality, it appears that the Deer Creek or Merlone Geier project is no
42 longer subject to challenge, based on the following: the only entitlement
43 required by the project was granted (Site Plan and Architectural Review.on
44 August 14, 2012), starting a fourteen-day appeal period. Only one appeal was
45 timely filed and that was the one by the PNA.
46
47 The notice of determination under the California Environmental Quality Act
48 (CEQA) was filed and posted on either August 20 br 21. That started a thirty-day
49 clock on a CEQA challenge, which has run on September 19 or 20. We are not
50 aware of any CEQA challenges filed. It would appear that none can be
51 effectively filed due to the need to have exhausted administrative remedies by
52 appealing the entitlement granted on August 14 and there has been only one
September 24,.2012 Vol. XX, Page 3
1 appealifiled.;As far,aswe can tell, there are no challenges and can be no further
2 challenges concerning the project.
3
4 With respect to settlement agreement, I wanted to note a couple of its main
5 features in anticipation of questions regarding that This is an agreement between
6 the„PNA and Merlone Geier Management. The'City is not a party to this
7 settlement agreement. There are a number of features of the agreement
8 pursuant to which, the parties indicate an intent to encourage the City decision
9 makers to,pursue certain improvements, but it should be noted that because the
10 City is not a party, this does notbind the City and'it will be necessary for City staff
11 in conjunction with City decision makers to consider whether the proposed
12 improvements are supported by the facts whether they are legally permitted,
13 whether they are fully funded, etc., because the proposed improvements affect
14 the public right-of-way and public property, and because the City's not a party,
15 this settlement agreement does not necessarily confirm or provide that.those
16 improvements will occur as they're sought in the settlement.
17
18 Three of the features of the settlement provide for payment of attorneys' fees by
19 Merlone Geier, a River Heritage Center donation, a Heritage Homes donation.
20 And then, Item D refers to a tree-planting fund, and a donation by Merlone Geier
21 to fund that, to be overseen, according to the settlement agreement, by the City
22 Tree Advisory Committee. But again, this settlement agreement does not change
23 the authority of that committee or its enabling legislation, or its authority in
24 accordance with its enabling legislation, which may subject to Council action,
25 depending on what's proposed with respect to the tree fund.
26
27 With respect to.Lynch Creek Trail Improvements, again, those that are
28 recommended and sought and for which funds are^provided include repaving
29 existing portions of Lynch Creek Trail, improvements to signage, striping, benches
30 and other amenities, and a contribution by Merlone Geier of$30,000 toward
31 those improvements, but as the agreement provides, the parties are limited to
32 seeking City support for those and it will be up to City staff and the decision
33 makers to determine whether the funds are sufficient, whether the improvements
34 are warranted or feasible, etc. Same with.respectto Rushmore Avenue
35 improvements; same with respect to Rainier Avenue fund improvements.
36
37 Mayor Glass,
38
39 Public Commerit on Deer Creek Village
40
41 Zen Destiny, Petaluma„spoke about the Deer Creek settlement and other various,topics.
42
43 David Libchitz, Petaluma, spoke about the Deer Creek EIR.
44
45 John'Cheney, Petaluma, discussed the flood project.
46
47 Mary Glardon; Petaluma, member of the Petaluma Neighborhood Association; ceded time by
48 Bill Phillips; spoke to clarify the actions of the group's recent settlement with the Deer Creek
49. Village Project.
50'
Vol. XX, Page-4 September24, 2012
1 Janice Cader-Thompson,.•Petaluma, ceded time by Elaine Woodriff, discussed her concerns with
2 the Council's direction in the way of impact fees;and her concern with their perception of the
3 Deer Creek settlement.
5 Stan Gold,_Petaluma, discussed the Deer Creek and Target shopping centers, and his
6 disappointment with the necessity of lawsuits to get the attention of'Council.
7
8 Mayor Glass
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10 Council Member Barrett
11
12 Mayor Glass
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14 Council Member Healy
15
16 Mayor Glass
17
18 PRESENTATIONS, continued
19
. 20 • Community Choice Aggregation and the Sonoma Clean Power Authority
21
22 Cordell Stillman, Sonoma County Water Agency
23
24 Council Member Barrett
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26 Mr. Stillman
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28 Council Member Barrett
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30 Mr. Stillman
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32 Council Member Barrett
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34 Mr. Stillman
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36 Council Member Albertson
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38 Mr. Stillman
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40 Council Member'Albertson
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42 Mr. Stillman
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44 Council.Member Healy
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46 Mr. Stillman
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48 Council Member Healy
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50 Mr. Stillman
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52 Council Member Kearney
September 24, 2012 Vol. XX• Page 5.
1
2 Mr. Stillman
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4 Council Member Kearney
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6 Mr. Stillman
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8 Mayor Glass
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10 Mr. Stillman
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12 Mayor Glass
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14 Mr. Stillman
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16 ' Council Member Healy
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. 18 Mr. Stillman
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20 Council Member Healy
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22 Mr. Stillman
23
24 Vice Mayor Renee
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26 Mr. Stillman
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28 Public Comment on Presentation
29
30 . Zen Destiny, Petaluma, discussed the energy tax and various other topics.
31
32 Joe Como, Division of Ratepayer Advocates,California Public Utilities.Commission, San
33 Francisco, spoke in support of Community Choice Aggregation.
34
35 Mayor Glass
36
37 Jeff Mathias, Synergy Solar and Electric, spoke in support of Community Choice
38 Aggregation.
39
40 Woody'.Hasting, Santa Rosa, Climate Protection Campaign, spoke in support of Community
41 Choice Aggregation.
42
43 Mayor Glass
44
45 Mr. Hosting
46
47 Brad Heavner, Petaluma, encouraged the:Council to a become a member of the Sonoma
48 County Clean Power Authority and spoke in support of Community Choice Aggregation.
49
50 Mayor Glass
51
52
Vol. XX, Page 6 September24, 2012
1 PROCLAMATION.
2
3 • Falls Prevention Awareness Week - September-22 - 28, 2012
4
5 Mayor Glass
6
7 Henry Laskey, Advisory Council for Area Agency on Aging
8
9 GENERAL PUBLIC COMMENT
10
11 Marie McCusker, Petaluma Downtown Association, expressed the concerhs of the Petaluma
12 Downtown Association and associated businesses with the current and upcoming construction
13 and the impact it has, and will have, on businesses in the area.
14
15 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
16
17 Zen Destiny, Petaluma, discussed bicycle paths and various other topics..
18
19 Richard DeCarli, Petaluma, Business Owner, discussed the timing of the upcoming Petaluma
20 Road Diet construction.
21 •
22 Gretchen Werner, Volunteer Center of Sonoma County, Santa Rosa, spoke about volunteerism in
23 Petaluma, specifically Schools of Hope.
24
25 Mayor Glass
26
27 COUNCIL COMMENT
28
29 Council Member Harris
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31 Council Member Albertson
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33 Council Member Healy
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35 Mayor Glass
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37 Vice Mayor Renee
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39 Council;Member Barrett
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41 Council Member Kearney
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43 Mayor Glass
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45 CITY MANAGER'COMMENT
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47 City Manager Brown
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49 REPORT OUT OF:CLOSED.SESSION (Actions Taken)
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51 None.
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•
September 24,2012 Vol: XX, Page 7
1 1. APPROVAL OF MINUTES
2
3 A. Approval-of,Minutes of Regular City"Council/PCDSA Meeting of Monday,
4 September 10; 2012.
5
6 Motion: Approve A. Minutes of Regular City Council/PCDSA Meeting of Monday,
7 September 10, 2012, a's-pre/Sente&
S
9 Moved by Mike Healy, seconded by Tiffany Renee.
10
11 Vote: Motion carried 7-0
12
13 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Gabe Kearney; Tiffany Renee
15 No: None
16 Abstain: None '
17 Absent: None
18
19 2. APPROVAL OF PROPOSED AGENDA
20
21 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of
22 Monday,October'1, 2012.
23
24 Motion: Approve A. Proposed.Agenda for Regular City Council/PCDSA Meeting
25 of Monday, October 1, 2012, as,d m,endedi to-add.w proclan nation,for EL
26 'Dtw de,Lot Mu.ertek ?eta-Lwow/ - 2012.
27
28 Moved by Gabe Kearney, seconded by Tiffany Renee.
29
30 Vote: Motion carried 7-0
31
32 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
33 Mike Healy; Gabe Kearney;Tiffany Renee
34 No: None
35 Abstain: None
36 Absent: None
37
38 3. CONSENT CALENDAR
39
• 40 A. Resolution 2012=139 N.C.S. Declaring Vehicles and Equipment=Surplus to the City's
41 Needs and Directing the City.Manager to Dispose of the Vehicles and Equipment.
42 in Accordance with Provisions of the Petaluma Municipal Code. (St.
43 John/Simmons)
44
45 Public>Cornment on Item 3.A.
46. Zen Destiny; Petaluma, discussed the,asphalf grinder that is being'sold.
48
49 Motion: Approve A. Resolution 2012-139 N.C.S. Declaring Vehicles and
50 Equipment Surplus to the City's Needs and Directing the City Manager to Dispose
51 of the Vehicles and Equipment in Accordance with Provisions of the Petaluma
52 MunicipalCode.
Vol. XX, Page'8 September 24, 2012
1 Moved by Tiffany Renee, seconded by Chris Albertson.
2
3 Council Member'Healy
4
5 Public Works and Utilities Director Dan St. John
6
7 Council Member Healy
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9 City Manager Brown
r 10
11 Council Member Barrett
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13 Vote: Motion carried 5-2
14
15 Yes: Chris Albertson; Teresa Barrett; David Glass;
16 Gabe Kearney;Tiffany Renee
17 No: Mike Harris; Mike Healy
18 Abstain: None
19 Absent: None
20
21 Council Member Harris
22
23 4. NEW BUSINESS
24
25 A. Resolution 2012-140 N.C.S. Repealing the City of Petaluma's Present Conflict of
26 Interest Code (Resolution No 2010-165N.C.5 ) and any Conflicting Resolutions
27 and.Adopting by Reference the Model Conflict of Interest Code Set Forth in Title 2,
28 Section 18730 of the California Code of Regulations and Taking Related Actions.
29 (Cooper)
30
31 City Clerk Claire Cooper
32
33 Mayor Glass
34
35 Motion: Approve A. Resolution 2012-140 N.C.S. Repealing the City of Petaluma's
36 Present Conflict;of interest Code (Resolution,No. 2010-1651N.C:S:) and any
37 Conflicting Resolutions and Adopting by Reference the Model Conflict of Interest
38 Code Set Forth in Title 2, Section 18730 of the California Code of Regulations and
39 Taking Related Actions.
40
41 Moved by Gabe Kearney; seconded by Teresa Barrett.
42
43 Vote:'Motion carried 7-0
44
45 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
46 'Mike Healy; Gabe Kearney; Tiffany Renee
47 No: None
48 Abstain; None
49 Absent: None
50
51 B. Resolution 2012-141.N.C.S. of Intention to Approve an Amendment to the
52 Contract Between the Board of Administration California Public Employees'
September 24,-2012 Vol.XX, Page 9
1 Retirement;System and the City Council, City of Petaluma and the Introduction
2 (First Reading) of Ordinance 2445 N.C.S. Authorizing an Amendment to the
3 Contract-to Provide the 3%@55 Full Formula and Three-year Final
4 Compensation to City of Petaluma Local Safety Members Entering Membership
5 for the First Time in the Safety Classification after the Effective Date of the
6 Amendment to the Contract. (Brown/Stephens)
7
8 Human Resources Manager Pamela Stephens
9
10 Mayor Glass
11
12 Ms. Stephens
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14 Mayor Glass
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16 Council Member Barrett
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18 Ms. Stephens
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20 Council Member Albertson
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22 Council Member Kearney
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24 Public Comment on Item 4.B
25
26 Zen Destiny,Petaluma, spoke about various topics.
27
28 Motion: Approve B. Resolution 2012-141 N.C.S. of Intention to Approve an
29 Amendment toihe Contract Between the Board of Administration California
30 Public Employees' Retirement System and the City Council, City of Petaluma and
31 the Introduction (First Reading) of Ordinance 2445 N.C.S. Authorizing an
32 Amendment"to the Contract to Provide the 3%@55'Full Formula and Three-year
33 Final Compensation to City of Petaluma Local Safety Members Entering
34 Membership,for the first;Time in the Safety"Classification after the Effective Date of
35 the Amendment to the Contract.
36
37 Moved by David,Glass, seconded by Chris Albertson.
38
39 Vote: Motion carried 7-0
40
41 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
42 Mike Healy;.Gabe Kearney;Tiffany Renee
43 . No: None
44 Abstain: None
45 Absent: None
• 46
47 C. Proposed Letter to the Petaluma Sheraton. (Brown)
48
49 Mayor Glass
50
51 Public,Comment`on Item 4.0
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Vol..XX, Page'10 September 24, 2012
1 Marty Bennett, United 2850, ceded time by Stan Gold; explained the Union's
2 efforts with-the Sheraton of Petaluma.
3
4 Mayor Glass
5
6 Mr. Bennett
7
8 AngelinaVelasquez, Petaluma, employee of Sheraton Petaluma, asked the
9 Council to support the successorship clause.
10
11 Rafael Cupertino, Petaluma, employee of Sheraton Petaluma, asked the Council
12 to support the successorship clause.
13
14 Jamie Preciado, Petaluma, employee of Sheraton Petaluma, asked the Council to
15 support the successorship clause.
16
17 Amy Hanks, Occupy Petaluma, spoke in support of the Sheraton Petaluma
18 workers and the successorship clause.
19
20 Gloria McAllister, Petaluma, St. Vincent de Paul Parish, spoke in support of the
21 Sheraton Petaluma workers and the successorship clause.
22
23 Richard Coshnear, Committee for Immigrant Rights in Sonoma County, spoke in
24 support of the successorship clause and the Union.
25
26 Victor Chechanover, Petaluma, spoke in support of the successorship clause.
27
28 Mayor Glass
29
30 Council Member Kearney
31
32 Motion: Approve C. Letterfo the Petaluma Sheraton labeled as Attachment 2 to
33 the staff report.
34
35 Moved by,Gabe Kearney, seconded by Tiffany Renee.
36
37 Council Member Albertson
38
39 Council Member Harris
40
41 Vice Mayor Renee
42
43 Council:Member Healy
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45 Mayor Glass
46
47 Council'Member Barren
48
49 Council Mernber Healy
50
51 City Attorney•Daniy
52
September 24, 2012 Vol. XX, Page 1 1
1 Council Member Barrett
2
3 City Manager Brown
4
5 Council Member Barrett
6
7 Council Member Albertson will send a variation of,attachment 3 to the staff
8 report under his own signature.
9
10 Mayor Glass said that since he had sent'the original letter in July, he would not
11 send another on his'own.
12
13 Council Member.Harris will send the letter labeled attachment 3 to the staff
14 report under his own signature.
15
16 Council Member Healy will send his own letter, a variation of attachment 3 to the
17 staff report, under his own signature.
18
19 Vote: Motion carried 4-3
20
21 Yes: Teresa Barrett; David Glass;
22 Gabe Kearney; Tiffany Renee
23 No: Chris Albertson; Mike Harris;.Mike.Healy
24 Abstain: None
25 Absent: None
26
27 5. ' PUBLIC HEARING
28
29 A. e
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32
33 • - - - • • •! :! • !• _(Hines) - rht5 item.wad(
34 rewroved/from?they agenda,becaa- P'thc"p td.Uana.NeLcd/hborhood.
35 Aswctatwvw w£ h:drew the appeal.
36
37 ADJOURN
38
39 Motion: Adjourn the meeting.
40
41 Moved by Teresa,Barrett; seconded by Tiffany Renee.
42
43 Vote: Motion carried 7-0
44
45 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
46 Mike Healy; Gabe,Kearney; Tiffany Renee
47 No: None
48 'Abstain: None
49 Absent: None
50
51 The meeting was adjourned at 9:54 p.m.
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VoI..XX, Rage 17 September 24, 2012
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4 David Glass, Mayor
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9 ATTEST:
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14 Claire Cooper, CMC, City Clerk
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