1997/04/22 City Council MinutesRohnert Park City Council Minutes
April 22, 1997
The Council of the City of Rohnert Park met this date in regular session
commencing at 6:30 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert
Park, with Mayor Linda Spiro presiding.
CALL TO ORDER:
Mayor Spiro called the regular session to order at approximately 6:50 p.m. and led
the pledge of allegiance.
ROLL CALL:
Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak - Martinez
and Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney
Flitner, Acting City Engineer Gaffney, and Assistant City Manager Leivo.
1. CLOSED SESSION:
Mayor Linda Spiro reported on the closed session which commenced this evening
at 6:00 p.m. to discuss matters listed on the agenda attachment. No action was
taken.
2. APPROVAL OF MINUTES:
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie,
the minutes of April 8, 1997 were unanimously approved as submitted.
3. APPROVAL OF BILLS:
Upon motion by Vice Mayor Vidak- Martinez, seconded by Councilmember
Mackenzie, the bills presented per the attached list in the amount of $864,049.57
were unanimously approved.
4. NON - AGENDAED MATTERS:
Mayor Spiro indicated that time has been allotted for Councilmembers or staff to
add any information items to the agenda. Councilmember Flores stated he had
one item regarding the Cultural Arts Commission; Councilmember Mackenzie
noted he had four items, i.e. Founders Days, ABAG General Assembly, a
transportation matter, and the Justin Sommers funeral.
Moment of Silence - Mayor Linda Spiro requested a moment of silence for Justin
Sommers, son of the Rohnert Park Chamber of Commerce's President of Board of
Rohnert Park City Council Minutes
April 22, 1997
Directors, who tragically passed away on Friday, April 18, 1997. The City
Council expressed its condolences to the Sommers family.
5. YOUTH CITY COUNCIL REPRESENTATIVE from 1996 -97 Youths of the Year:
Mayor Spiro introduced Youth Representative Jessica Klonsky. Miss Klonsky
informed the Council that the Youth of the Year Program will be opened to lower
classmen next year to allow projects undertaken or started by current Youths of
the Year to continue. This will also allow younger students to become involved in
City government. Jessica also advised that youth representatives had met with the
City Manager, Rancho Cotate High School Principal Ken Clark, and Department
of Public Safety representatives to discuss concerns regarding students leaving
campus and spending time at the University Square Shopping Center. She stated
that a report will be provided at the May 13, 1997 City Council meeting.
Jessica also informed the Council that Josh Ziese, a Junior at Rancho Cotate High
School, will be traveling to Washington, D.C. to take part in a national delegation
of youths. He will be included in an 11 day seminar in which he will have the
opportunity to explore political actions which affect us locally. Josh is attempting
to raise the $1485 needed for the trip.
Special Proclamation - Mayor Linda Spiro stated that this is National
Immunization Week and that she had a proclamation she would like to read and
present to Mr. Dennis Patterson, who has been extremely instrumental in helping
the Baby Track immunization program become the success that it is.
6. PRESENTATION ON EARTHQUAKE PREPAREDNESS:
Ms. Jeanne Perkins, Manager of the Association of Bay Area Governments
(ABAG) Earthquake Program, provided several flyers and other items of
information relative to earthquakes and presented a slide program on earthquakes,
their intensities, location of faults, and other valuable information. She explained
several charts and graphs depicted on the slides. Ms. Perkins responded to Council
questions immediately following the slide presentation. The Council thanked Ms.
Perkins for the informative and thorough presentation.
7. SCHEDULED PUBLIC APPEARANCE:
Dave Eck, Former Mayor and Councilman, expressed his concerns to the Council
relative to the recently established "compromise planning area," referred to
newspaper articles regarding same. Dr. Eck opined that this action "flies in the
face of the intention of Measure N." He referred to the lines, the parties who own
parcels within those lines, and commented on major contributors to the "No On
Measure N" campaign, including contributions to certain Council candidates.
Rohnert Park City Council Minutes April 22, 1997
At this point, Mayor, Linda Spiro cautioned Dr. Eck that he is to speak on the
General Plan as listed on the agenda and that she would have to gavel him down if
he continued to stray from that topic. She stated that Dr. Eck could be removed *Correction
from the Chambers i f he co t' m cc s tions a s ra from. th t i u s i n
Se ?ti ons 2.08.180 and$ o�ie o�nertarC Muni c� paelocde as
re erence.
Discussion followed wherein City Attorney Flitner cautioned about the removal of
Dr. Eck, stating that he has a right to disagree with the Council. Mayor Spiro
requested a written opinion from City Attorney Flitner relative to the Mayor's
right to have a person removed from the Council Chambers when they are
considered to be out of order.
Discussion continued wherein Dr. Eck queried as to how the Council is planning to
address open space; suggested that the city revisit the General Plan Committee and
recommendations. He encouraged the use of the Specific Plan and creation of a
benefit assessment district. Dr. Eck recommended the hiring of an outside
planning consultant to work with the General Plan rather than using in -house staff
in order to obtain unemotional and unbiased recommendations. He stated that he
would like to see a ballot box General Plan.
8. UNSCHEDULED PUBLIC APPEARANCE:
Charles Kitchen, 4945 Fern Place, Rohnert Park, was recognized and offered his
opinion regarding the Mayor's reactions to Dr. Eck and the Council's censuring of
free speech. He then addressed the Council regarding his concerns over a citation
he received for having an inoperable vehicle stored in his backyard. He referred to
Rohnert Park Municipal Code Sections 17.08.110 relataive to inoperative motor
vehicles and description of "unused" vehicles. He then cited Section 17.08.120 of
the Code describing prohibition of stored vehicles. Mr. Kitchen stated that he is
working on a dismantled Jaguar in his backyard but that the vehicle is not
inoperable. He feels that he has been singled out by some unknown party and that
any ordinary person would not be able to see the vehicle as his yard has a six foot
fence all around and his backyard is not readily visible from the golf course. Mr.
Kitchen stated that he had telephoned Planning Director Paul Skanchy to offer his
complaint and concerns with the citation. He passed out photographs of the area.
Discussion followed. City Attorney Flitner stated that Mr. Kitchen's next step in
the due process procedures would be to take the matter to court, since the City
feels that the Ordinance was correctly applied to his situation and the cite was in
order.
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Rohnert Park City Council Minutes April 22, 1997
RECESS
Mayor Linda Spiro declared a recess at this point in the meeting, the time being
approximately 8:00 p.m.
RECONVENE
Mayor Spiro reconvened the meeting at approximately 8:07 p.m. with all
Councilmembers present.
9. CONSENT CALENDAR
Mayor Linda Spiro asked if there were any comments or questions regarding the
matters on the Consent Calendar. Councilmember Reilly requested that the titles
of Resolutions Nos. 97 -76, 97 -77, 97 -78, and 97 -79 be read by the Mayor.
Council concurred and the Mayor read the titles as suggested.
A. The City Manager /Clerk's report on the posting of the agenda was
acknowledged.
B. Resolutions for Adoption:
97 -76 Commending Connie Toepp on the Occasion of Her Retirement
97 -77 Proclaiming April 20 -25, 1997 "Earth Day Celebration Week" in
Support of Recycling Efforts
97 -78 Proclaiming Support for the 14th Internation Aids Candlelight
Memorial and Mobilization
97 -79 Proclaiming May 1997 "Older Americans Month"
97 -80 Accepting Notice of Completion, E. Cotati Avenue Median
Modification, Project No. 1996 -13
97 -81 Calling for Sealed Proposals for an Updraft Heating Unit for
Public Safety Central Station
97 -82 Accepting Agreement and Sewer Easement from Sonoma State
University
97 -83 Award of Contract, Program Coordination Services for Ultra Low
Flush Toilets, Project No. 1997 -6
C. Ordinance for Adoption:
No. 631- Amending Rohnert Park Municipal Code, Title 10, Chapter
10.72, Bicycles
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Rohnert Park City Council Minutes
April 22, 1997
Upon motion by Councilmember Reilly, seconded by Councilmember Flores, and
unanimously approved, the Consent Calendar was adopted as presented.
10. PARKS AND RECREATION MATTER:
City Manager Netter introduced Recreation Director Jim Pekkain to provide an
overview of the Recreation Department's Annual Report for 1996. Director
Pekkain stated that the two Recreation Supervisors, Mary Hanlon and Guy Miller,
would report on their respective areas of responsibilities. He then introduced
Recreation Supervisor Mary Hanlon, who reported on the facilities usage at the
Community Center, Burton Avenue Recreation Center, the Senior Center
activities, Sunshine Bus, Free Friday Program, etc. and stated that the recreational
programs for these areas have been a great success. Vice Mayor Vidak - Martinez
stated that she had received some very positive comments from the Council on
Aging regarding the Senior Nutrition Program and other events offered at the
Senior Center. Councilmember Flores asked Supervisor Hanlon if she had one
wish for the Recreation Department, what would it be? Supervisor Hanlon
answered that she would like to see a recreation building provided at the north end
of town to accommodate the many youngsters who have moved into that area.
Recreation Supervisor Guy Milller was introduced. He highlighted activities in his
areas of responsibilities, outlining the improvements made with the expansion of
the Sports Center, the various aquatics programs offered at the City's swimming
pools, and reported on activities at the softball fields.
Discussion followed during which Councilmember Mackenzie asked Recreation
Director Pekkain about use of open space for sports and the need for adequate
playing fields and asked about the possibility of using the field at Creekwide
Middle School. Director Pekkain stated that there is a need for additional youth
fields and informed that occasionally the Babe Ruth Baseball League has practiced
at the Creekside field. City Manager Netter advised that he and Recreation
Diretor Pekkain have spoken to Cotati - Rohnert Park Unified School District
Superintendent Jan Heffron regarding development of a cooperation between the
City and School District for use of athletic fields at Creekside Middle School with
an informal arrangement currently being used. Councilmember Reilly commented
that during discussions with the School District, scheduling is extremely important.
Recreation Director Pekkain thanked both Recreation Supervisors Mary Hanlon
and Guy Miller for the excellent job they are both doing and also thanked the
Council for all of its support with recreational programs.
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Rohnert Park City Council Minutes April 22, 1997
11. WEED ABATEMENT:
City Manager Netter explained that notices of the public hearing were mailed to all
property owners and had been published in the newspaper as required by law.
Mayor Spiro commented that she feels the cost the City charges for the abatement
of weeds is extremely low considering use of City employees'time and effort to
*Correction: perform the abatement. She feels that the City might consider *using a private
consider getti ngcompany such as Redwood Landscaping which might result in a lesser cost in the
quotes or long run. Cost comparisons could be received for next year, as all the notices have
been sent.
Public Hearing - Mayor Spiro opened the public hearing. There being no one
wishing to speak, the public hearing was closed.,
RESOLUTION NO. 97 -84 - A RESOLUTION OF THE CITY COUNCIL
OF T HE CITY OF ROHNERT PARK ORDERING THE C171 YMANAGER
TO ABATE NUISANCES EXISTING WIKTHIN THE CITY OF
ROHNERT PARK
Discussion followed.
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie,
and unanimously approved, Resolution No. 97 -84 was adopted.
12. COMMUNITY OUTREACH FOR YOUTH AND FAMILIES COMMISSION:
Ordinance for Introduction:
No. 632 - ADDING CHAPTER 2.33 TO TITLE 2 OF THE ROHNERT
PARK MUNICIPAL CODE TO PROVIDE FOR THE ESTABISHMENT
OF A COMMUNITY OUTREACH FOR YOUTH AND FAMILIES
COMMISSION (COYF)
City Manager Netter referred to changes made to the first draft of the proposed
ordinance to establish a Youth and Families Commission as requested by the City
Council at its April 8, 1997 meeting.
Councilmember Mackenzie made a motion to waive the reading of the ordinance.
Councilmember Reilly suggested that the terms of members as written in Section
2.33.030 be changed to reflect an expiration date of December 31, 1998 for all
members, then terms to coincide with the Councilmembers' terms and made a
friendly amendment to Councilmember Mackenzie's motion. Said motion was
seconded by Councilmember Reilly as amended and was unanimously approved
and Ordinance No. 632 Adding Chapter 2.33 to Title 2 of the Rohnert Park
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Rohnert Park City Council Minutes April 22, 1997
Municipal Code to Provide for the Establishment of a Community Outreach for
Youth and Families Commission (COYF) was introduced.
Discussion followed regarding assignment of a Councilmember to serve as liaison
to the Commission. Mayor Linda Spiro suggested Vice Mayor Vicki Vidak-
Martinez would be an appropriate liaison. Vice Mayor Vidak- Martinez responded
that due to extra duties on her job, she feels she would not have adequate time to
serve as the liaison and recommended Mayor Spiro for that position. Upon motion
by Councilmember Reilly, seconded by Councilmember Flores, and unanimously
approved, Mayor Spiro was selected as liaison and Vice Mayor Vicki - Vidak
Martinez was selected as alternate liaison to the Community Outreach for Youth
and Families Commission.
Further discussion followed wherein Council concurred that a call for applicants
should be published.
13. L. B. HAYHURST AND ASSOCIATES (Job Classifications)
City Manager Netter recommended that the matter of the job classifications and
proposed salary adjustments be deferred and that a Council ad hoc commitee be
formed to meet and discuss this item to bring recommendations back to the entire
City Council. Discussion ensued, during which it was agreed that Councilmember
Jake Mackenzie and Vice Mayor Vicki Vidak - Martinez would serve on the ad hoc
committee.
14. STRATEGIC PLANNING ISSUES:
Mayor Linda Spiro referred to a survey /report prepared by the City Manager
Netter and distributed to the Council for ranking priorities of strategic planning
issues, and that, due to a misunderstanding regarding the ranking order by one
Councilmember, the results had to be recalculated. The top ranking order, or
priorities, is as follows: (1) Economic Development Plan; (2) Sustained and
augmented public safety and arts programs; (3) Fire and Police Services all
allocated positions fully staffed; (4) Land Use Planning, complete a community
needs assessment; and (5) Council and Council/Staff Teamwork and Organization
Development. Establish an ongoing action item list.
Discussion followed. Councilmember Jake Mackenzie commented that these
matters have been previously discussed in open work sessions and commended the
City Manager and Council for getting to this point, and suggested that a timetable
be set to accomplish the items on the list. City Manager Netter suggested an
action/time plan be developed for the top (7) items for Council's review at the
May 13, 1997 meeting. Council concurred.
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Rohnert Park City Council Minutes April 22, 1997
15. SONOMA COUNTY GRAND JURY - 1996 INTERIM REPORT:
City Manager Netter referred to the Sonoma County Grand Jury Interim Report
relative to the 911 Emergency Dispatch System. The report recommends training
sessions be set up for Dispatchers to learn pre - arrival instructions. Mr. Netter
stated he has discussed this with City Attorney Flitner and that there are concerns
with liability and resource matters. He explained that it would be difficult to
conduct the training as an individual agency at this time, but that there is a
possibility of a joint effort with the County. City Attorney Flitner commented on
"good samaritan" and liability laws. Mr. Netter stated that a response letter to the
Sonoma County Grand Jury explaining the City's position and recommendations
will be prepared for the Mayor's signature. Council concurred.
16. COUNCIL COMMITTEE REPORTS:
1) Mayors' & Councilmembers' Assn. Meeting of April 10, 1997; City
Selection Committee LAFCO appointment; and Mayors' &
Councilmembers' Assn. Appointment to Open Space District - Mayor Spiro
commented that a presentation was made by Sonoma police /fire on a joint
communications and computer system. Mayor Spiro also advised that the
aforementioned appointments are to be assigned at the upcoming May 8th City
Selection Committee & Mayors' and Councilmembers' Assn. Meeting. She
reminded that Councilmember Jake Mackenzie had previously expressed an
interest in serving on the Open Space Advisory Committee and that he needs to
make his interests known to members of the Association. Councilmember
Mackenzie stated that he intends to make contacts on this matter as soon as he
returns from his daughter's wedding. Mayor Spiro further commented that she has
the prerogative of choosing a nominee to the LAFCO seat.
2) Opposing AB 923 - Dissolution of Redevelopment Agencies - City Manager
Netter advised that a draft letter over the Mayor's signature has been prepared and
will be faxed to the State Assembly tomorrow regarding this matter if the Council
agrees. He explained that since the development of Rohnert Park's redevelopment
agency, many infrastructure improvements have taken place that may not have
been accomplished without the aid of the redevelopment agency funds. Discussion
followed. The Council concurred that the letter opposing AB 923 should be faxed
and mailed as soon as possible.
17. COMMUNICATIONS:
Communications per the attached outline were brought to the attention of the City
Council. No action was taken unless specifically noted in these minutes.
Rohnert Park City Council Minutes April 22, 1997
1) City Manager Netter informed that items #'s 22, 23, 24, and 25 have been
referred to the Planning Commission on the General Plan Technical Update
process. If Council has any questions, he or Assistant City Manager Carl Leivo
are available to answer.
2) Mayor Spiro stated that an alternate needs to be picked for Councilmember
Mackenzie to join her for a Committee meeting relative to the Rohnert Park
Chamber Orchestra and the Performing Arts Center. The meeting will be held on
Monday at 7:00 p.m. in the City Hall Conference Room. Council agreed that
Councilmember Jim Reilly would attend the meeting. The meeting was necessary
to review the proposal submitted by the Rohnert Park Chamber Orchestra.
3) City Manager Netter referred to item #33 and advised that a letter in support of
AB 1362 needs to be sent to the State Assembly to resolve the Guardino
Proposition 62 tax application process. Council concurred that a letter will be
sent over the Mayor's signature.
4) Councilmember Reilly referred to item #24, a memorandum from Assistant City
Manager Carl Leivo regarding Level of Service.
5) Mayor Linda Spiro referred to item #31 from U.S. Conference of Mayors and
stated that she is planning to attend the annual conference to be held in San
Francisco in June.
18. MATTERS FROMXOR COUNCIL:
1) Joint Meetings - City Manager noted that the joint meeting with the Sonoma
State University has definitely been set for Tuesday, May 6, 1997 at Mountain
Shadows Restaurant at 6:30 p.m.
Efforts are continuing on setting up a joint meeting with the Cotati - Rohnert Park
Unified School District. They are to get back to us with suggested meeting dates.
As yet, no date has been set for a joint meeting with Rohnert Park Chamber of
Commerce Board of Directors.
2) Mayors' & Councilmembers' Working Group meeting, Thursday, April
24, 1997, Santa Rosa City Hall - Councilmember Jake Mackenzie, who normally
attends these meetings, reminded that he would be out of town. Vice Mayor Vicki
Vidak - Martinez advised that she would be able to attend the meeting on behalf of
Councilmember Mackenzie.
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Rohnert Park City Council Minutes April 22, 1997
3) Miscellaneous:
1. Councilmember Flores referred to a communication received from the
Cultural Arts Commission suggesting several dates and events where several
individuals who have been active in the community for many, many years could be
honored and recognized. It was suggested special recognition in the way of
certificates of appreciation or proclamations or other means of expression of
appreciation would be appropriate. He requested that each Councilmember bring
back suggestions at the next City Council meeting.
2. Councilmember Mackenzie reported on his experience at the ABAG Spring
General Assembly held in San Francisco; he referred to some resource books
which he had obtained and requested additional books from the Metropolitan
Transportation Commission (MTC); Councilmember Mackenzie also informed of
transportation symposiums to be held in Petaluma on April 29th, in Santa Rosa on
May 7th, and in San Rafael on May 8th; and advised of a City Song contest which
is being held in conjunction with the Founders Days events this year, advised that
prizes will be awarded for the best words and best music, and stated people are
being sought to serve on the judging panel.
3. Mayor Linda Spiro referred to material she had received from John Watkins
of Pollution Management Industries relative to the eradication of swine farm odor,
and stated that this might be worth looking into if the "Pig Farm" in the
unincorporated area near our city limits does actually materialize. She stated that
Mr. Watkins said he would be willing to make a presentation to the City Council
on this matter. Council concurred that maybe Mr. Watkins could be contacted if
the pig farm progresses.
19. CITY MANAGER'S REPORT:
1) Park Restrooms - City Manager Netter reported that we do not provide paper
products in the park restrooms as it encourages vandalism. People are encouraged
to bring their own paper products.
2) Open Space Lands (46 acres) - City Manager Netter referred to offer of the
Open Space District for the City to purchase 46 acres off Snyder Lane adjacent to
the northern boundary of the city. Discussion commenced, with Mayor Linda
Spiro stating she would like to see us finish M Park. Councilmember Reilly
commented that he would like to see a native plant walking area. Councilmember
Mackenzie said he would be interested in taking a look at the Wilfred Creek
Channel proposal. Vice Mayor Vidak - Martinez stated that staff should explore
possibilities and limits for use of the land. Council agreed that City Manager
Netter should contact the Open Space District to have them advise the City of
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Rohnert Park City Council Minutes April 22, 1997
what criteria is used for the establishment of passive recreation and what type of
recreational facilities this may include.
3) Memorial Brick Patio - City Manager Netter advised that a letter has been
received from Gary Tatman of Dale's Property Service offering the donation of
labor and materials needed to prepare the area at Roberts Lake for a Memorial
Brick Path. Mayor Linda Spiro stated she would like to be the first to buy
memorial bricks. Vice Mayor Vicki Vidak - Martinez informed she would like to
purchase bricks also. The Council directed that a letter be sent to Mr. Gary
Tatman to thank him for his generous offer.
4) REMIF Board Meeting of April 16, 1997 - City Manager Netter informed
that the possibility of installing a new health plan and EAP (employee assistance
program) was discussed at the last REMIF Board meeting. One attractive
alternate health plan was voted in, that being Blue Cross -EPO program.
5) Sonoma County Water Agency update on emergency incident - City
Manager Netter referred to a news release submitted by the Sonoma County Water
Agency relative to the discovery of an unknown white substance in the Russian
River. He said Rohnert Park is well equipped for emergencies such as these due to
the number of wells we have in Rohnert Park.
6) Internet Services - City Manager Netter informed that several proposals have
been received for the implementation of internet services and that staff Will be
looking into the possibilities and best way to commence providing this service.
Councilmember Jake Mackenzie said he would like to be involved in this process.
Council concurred.
7) Fish Derby - City Manager Netter advised that the Fish Derby will be held this
coming Saturday at Roberts Lake and that the lake has been stocked.
8) Sabrina Snider - City Manager Netter said that Sabrina Snider, who has been
active in disability access matters, had an accident and that the City is sending a
card.
9) Dave Eck Event - City Manager Netter said plans have been initiated to plan
an event for Former Mayor and Councilman Dave Eck and that the date of May
16, 1997 at the Wine Center has been set. He explained that Dave Eck has
requested this event to be "low key" and informal.
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Rohnert Park City Council Minutes
April 22, 1997
10) Steve Barber - City Manager Netter informed that well -known speaker,
Steve Barber, is scheduled to present an "Interest Based" negotiations concept at
5:00 p.m. on April 29th at the Performing Arts Center.
20. CITY ATTORNEY'S REPORT:
1) Proposition 218 - City Attorney Flitner referred to his memorandum dated
April 16, 1997 regarding the City charging and/or raising fees in light of the
passage of Proposition 218. He stated that fees or charges for sewer, water and
refuse collection do not require a majority vote but are subject to public hearing
requirements. A special tax, which is a tax imposed for a specific purpose, and
which is placed into a general fund, requires a two- thirds vote of the electorate.
Rohnert Park District Matters: There were no Rohnert Park District Matters to discuss.
21. OTHER UNSCHEDULED PUBLIC APPEARANCES:
Mayor Spiro asked if there were additional unscheduled public appearances at this
time. No one responded.
ADJOURNMENT: There being no further business, Mayor Linda Spiro
adjourned the meeting at approximately 9:50 p.m.
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Deputy City Clerk
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