Resolution Number 99-11-16-4027
RESOLUTION NO. 99-11-16-4
ADOPTING 1998 AMENDMENTS TO THE LOS RIOS
SPECIFIC PLAN (SPECIFIC PLAN 78-1)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT
(EIR) AND ADOPTING AMENDMENTS TO SPECIFIC PLAN (SP) 78-01,
LOS RIOS SPECIFIC PLAN (LOS RIOS HISTORIC DISTRICT)
WHEREAS, on November4, 1997, the City Council initiated an update of the
Los Rios Precise Plan, established an overall strategy and planning process, appointed the
Los Rios Ad-hoc Committee and directed staff to assist the Ad-hoc Committee in
preparing appropriate studies and draft amendments to the Specific Plan; and,
WHEREAS, between January and June of 1998, the Los Rios Ad-hoc
Committee conducted a series of eight public workshops to review the Los Rios Specific
Plan, solicited public comment, and developed draft amendments to the Los Rios Specific
Plan; and,
WHEREAS, on August 4, 1998, the City Council conducted a duly noticed
public meeting on the Ad-hoc Committee's preliminary draft amendments, and initiated the
formal public hearing process for those draft amendments; and,
WHEREAS, on July 28, 1999, the City Council and Planning Commission
conducted a duly noticed public workshop to review circulation alternatives; and,
WHEREAS, the Environmental Administrator has required preparation of an
environmental impact report pursuant to the California Environmental Quality Act (CEQA)
and on January 26, 1999, reviewed the Screencheck Draft Environmental Impact Report
(DEIR, SCH# 98111045, Los Rios Specific Plan 1998 Update), determined that the
document complied with applicable provisions of CEQA, and authorized issuance of a
"Notice of Completion" and has otherwise complied with all applicable provisions of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the Transportation Commission conducted a noticed public
meeting on Wednesday, February 10, 1999 pursuant to Section 9-2.313 of the Municipal
Code to review the draft amendments and draft Environmental Impact Report (EIR) and
consider public testimony on the proposed project; and,
WHEREAS, the Cultural Heritage Commission conducted noticed public
meeting on Tuesday, February 23, 1999 pursuant to Section 9-2.313 of the Municipal Code
to review the draft amendments and draft Environmental Impact Report (EIR) and consider
public testimony on the proposed project; and,
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WHEREAS, the Parks, Recreation, and Equestrian Commission conducted
noticed public meeting on Monday, April 19, 1999 pursuant to Section 9-2.313 of the
Municipal Code to review the draft amendments and draft Environmental Impact Report
(EIR) and consider public testimony on the proposed project; and,
WHEREAS, the Housing Advisory Committee (HAC) conducted a noticed
public meeting on Monday, May 3, 1999 pursuant to City Council policy to review the draft
amendments and draft Environmental Impact Report (EIR) and consider public testimony
on the proposed project; and,
WHEREAS, the Planning Commission conducted noticed public hearings on
Tuesday, May 8, June 11, July 13, September 14, and September 28 pursuant to Section
9-2.313 of the Municipal Code to review the draft amendments and the draft Environmental
Impact Report (EIR) and consider public testimony on the proposed project; and,
WHEREAS, on September 28, 1999, the Planning Commission
recommended certification of the Draft Environmental Impact Report (EIR) and
recommended adoption of the August 4, 1998 Draft Los Rios Specific Plan (LRSP) with
significant revisions, in particular revisions to the Land Use and Circulation Elements; and,
WHEREAS, on October 19 and November 16, 1999, the City Council
conducted duly noticed public hearings on the Draft Environmental Impact Report (EIR)
and the October 19, 1999 Draft Los Rios Specific Plan (LRSP).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the Draft
Environmental Impact Report (EIR) and the California Environmental Quality Act (CEQA):
1. Pursuantto Sections 15080 through 15088 of California Environmental
Quality Act (CEQA), the City has complied with all applicable provisions related to the
public notice, preparation, and public review of the Draft Environmental Impact Report
(DEIR) and has complied with all applicable provisions of the City's Environmental Review
Guidelines; and,
2. Pursuantto Section 15082 of the California Environmental Quality Act
(CEQA) Guidelines, the City has circulated a Notice of Preparation, secured responses to
that notice, and established an appropriate scope of the Environmental Impact Report
(EIR) through the publicly noticed process; and,
3. Pursuant to Section 15084 of the California Environmental Quality Act
(CEQA) Guidelines, the City has directly prepared the Draft Environmental Impact Report
(EIR) and that document reflects the independent judgement of the City as Lead Agency
and has been determined by the City's Environmental Administrator (EA) to be an
adequate and objective document as required by CEQA; and,
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4. Pursuant to Section 15085 through 15088 of the California
Environmental Quality Act (CEQA) Guidelines, the City has prepared and circulated a
Notice of Completion to solicit public comments on the Draft EIR and all comments and
responses to comments will be reviewed by the City Council as part of the Final
Environmental Impact Report (EIR) prior to any final action on the proposed project; and,
5. Pursuant to Section 15091 of California Environmental Quality Act
(CEQA), the City hereby makes the following findings with respect to potentially significant
adverse environmental impacts of the project:
a. Potentially significant land use impacts will be reduced to a
level of insignificance because proposed mitigation measures require that any future
residential development in the "mixed use area" be implemented under the
provisions of the Low Density Residential (LDR) District of the Los Rios Specific
Plan (LRSP); and,
b. Potentially significant population and housing impacts will be
reduced to a level of insignificance because proposed mitigation measures require
that the City address the housing need as part of the Community Redevelopment
Agency (CRA) Implementation Plan, which would have been satisfied by the
originally planned new construction of eleven (11) affordable housing units in the
Little Hollywood area and would assure City compliance with previously executed
Community Development Block Grant (CDBG) contracts related to property
acquisition for the preservation and creation of affordable housing; and,
C. Potentially significant geologic impacts will be reduced to a level
of insignificance because proposed mitigation measures require that potential soil
liquefaction be addressed as part of the development review process for the
planned "mixed use area"; and,
d. Potentially significant water resource impacts will be reduced
to a level of insignificance because proposed mitigation measures require that any
future development comply with the City's Floodplain Management Overlay District
(Municipal Code Section 9-3.503) and the Floodplain Management Regulation
(Municipal Code Title 8, Chapter 11) as part of the development review process,
and will be required to prepare and submit a Water Quality Management Plan
(WQMP) consistent with the National Pollution Discharge Elimination System
(NPDES) Standards; and,
e. Potentially significant air quality impacts will be reduced to a
level of insignificance because proposed mitigation measures require that all
development projects prepare and submit "fugitive dust control plan" for reducing
PM,, emissions during site grading and grant the City's grading inspector authority
to require a project to cease all grading activity, or implement extraordinary air
quality mitigation to effectively reduce fugitive dust (PM,,) emissions; and,
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f. Potentially significant transportation impacts will be reduced to
a level of insignificance because proposed mitigation measures assure the provision
of intersection approach lanes at arterial intersections adjoining the project area,
require the City to monitor compliance with the Growth Management Element's
minimum levels -of -service, require the City to implement intersection improvements
at the Del Obispo Street & Los Rios Street intersection to enhance traffic safety,
and allow the City to implement one-way traffic on Los Rios Street to enhance
pedestrian safety; and,
g. Potentially significant hazard impacts will be reduced to a level
of insignificance because proposed mitigation measures require complete
environmental remediation of the former Solag Disposal Company site prior to
approval of any permits; and,
h. Potentially significant noise impacts will be reduced to a level
of insignificance because proposed mitigation measures provide that the City will
establish operational guidelines forthe planned public park including restrictions on
hours of park operation, types of activities, location of activities, and the use of
amplified sound (i.e. music, voice, etc.), and will require a site specific noise impact
analysis of any new residential development; and,
i. Potentially significant aesthetic will be reduced to a level of
insignificance because proposed mitigation measures provide that the City will
require that new development is consistent with the Los Rios Specific Plan (LRSP)
Site Design Guidelines and Architectural Design Guidelines, and will requirethatthe
"mixed use area" will include a substantial edge treatment and open space buffer
to provide a substantia buffer from the Los Rios National Register Historic District;
and,
j. Potentially significant cultural resource impactswill be reduced
to a level of insignificance because proposed mitigation measures require field
testing and evaluation of the project area prior to any development plan approval
by a RPA(Register of Professional Archeologists) -certified field archeologist, require
that an RPA -certified archeologist monitor all grading and excavation for potential
impacts on cultural resources, and directs the City to implement the State of
California "Historic Building Code" for all historically significant structures; and,
k. Potentially significant recreation impacts will be reduced to a
level of insignificance because proposed mitigation measures require that the City
secure approval, if necessary, of any amendments to the Land and Water
Conservation Grant application prior to approval of the park improvement plan; and,
6. Pursuant to Section 15120 through 15130 of the California
Environmental Quality Act (CEQA) Guidelines, the City has assured that the contents of
Draft Environmental Impact Report (EIR) are comprehensive and consistentwith applicable
provision of California Environmental Quality Act (CEQA); and,
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7. Pursuant to Section 15126 of the California Environmental Quality Act
(CEQA) Guidelines, the City has identified all potentially significant environmental impacts,
and identified effective mitigation measures to reduce all potentially significant
environmental impacts to a level of insignificance based on the significance thresholds
established within the City's Environmental Review Guidelines.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby make the following findings with respect to the draft amendments
to the Los Rios Specific Plan (LRSP):
1. The draft amendments to the Los Rios Specific Plan (LRSP) are
consistent with the goals, policies and objectives of the San Juan Capistrano General Plan
Land Use Element because the amendments will contribute to maintaining the historic
character of the District, contribute to the goal of maintaining a small, village -like
community, and maintain land use regulations which assure land uses which are
compatible with the historic character of the District; and,
2. The draft amendments to the Los Rios Specific Plan (LRSP) are
consistent with the goals, policies and objectives of the San Juan Capistrano General
Plan's Circulation Element because the draft amendments will create a local circulation
network for the Los Rios District capable of accommodating safe and efficient motor
vehicle and pedestrian movement through the District, will maintain adequate service levels
on the local arterial street network pursuant to the Growth Management Element, and will
provide centralized parking to serve the District and reduce congestion along Los Rios
Street; and,
3. The draft amendments to the Los Rios Specific Plan (LRSP) are
consistent with the goals, policies and objectives of the San Juan Capistrano General
Plan's Archaeologic & Historic Element because the draft policies and District regulations
will preserve the integrity of the Los Rios National Register Historic District, provide for
preservation of historically significant individual structures within the District, and allow
adaptive re -use as a tool to assure preservation of historically significant structures in the
District; and,
4. The draft amendments to the Los Rios Specific Plan (LRSP) are
consistent with the goals, policies and objectives of the San Juan Capistrano General Plan
Housing Element because the draft policies maintain Little Hollywood as an affordable
housing resource for the community and reinforce the fact that any new residential
construction in the District would require compliance with the Community Redevelopment
Agency "affordability criteria"; and,
BE IT FURTHER RESOLVED, that the City Council certifies the Draft
Environmental Impact Report (EIR) subject to the following mitigation measures:
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Mitigation measures
1. Any new residential development in the Los Rios specific Plan District will be
developed under the "Low Density Residential" District provisions or a District modeled
after the "Historic Residential" District in order to assure land use compatibility with existing
residential development.
2. The City shall review the General Plan Housing Element to identify, and
analyze alternate affordable housing sites in the City to address the affordable housing
need which would have been served by the development of ten (10) additional affordable
housing units in the Little Hollywood neighborhood.
As part of the "Five Year CRA Implementation Plan", the Agency shall
establish an appropriate timeline for acquisition of such alternate site(s) for the express
purpose of constructing ten (10) affordable housing units. If an alternate site or sites are
not acquired, the Agency may proceed with the construction of the ten (10) units within the
Little Hollywood neighborhood (revised per Housing Advisory Committee
recommendation).
3. Prior to the City implementing alternatives to constructing ten (10) additional
affordable housing units in Little Hollywood, the City will seek confirmation from the County
of Orange that such action would be consistent with the provisions of the previously
executed CDBG grant agreements for funds used to acquire Little Hollywood.
4. As part of the City's review of any development plans for the "mixed use
area", the project will include a discussion of soil liquefaction issues and specific
recommendations in the required geotechnical & soils report which shall be prepared
consistent with guidelines established by the Engineering & Building Department.
5. Any grading or building development within the regulatory 100yearfloodplain
will be required to demonstrate compliance with the City's Floodplain Management Overlay
District (Municipal Code Section 9-3.503) and the Floodplain Management Regulation
(Municipal Code Title 8, Chapter 11).
6. Priorto approval of any land development application or building and grading
permit, the project shall submit and obtain approval of a Water Quality Management Plan
(WQMP), to the satisfaction of the City Engineer, which identifies best management
practices (BMPs) to control pollutant runoff. The WQMP shall include the routine,
structural, and non-structural measures specified in the Countywide NPDES Drainage Area
Management Plan (DAMP) Appendix. The WQMP will establish long-term maintenance
responsibility of all BMPs, and the location of structural BMPs.
7. Prior to issuance of a grading permit, the applicant shall submit a "fugitive
dust control plan" for reducing PM10 emissions during site grading. Such plans will be
consistentwith South CoastAirQuality Management District (SCAQMD) Rule 403 and may
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— include the use of soil binders, truck washing, street sweeping, and regular vehicle
maintenance.
8. During periods when winds generate excessive PM10 emissions, the City's
grading inspector shall have the authority to require the project to cease all grading activity,
or implement extraordinary air quality mitigation to effectively reduce fugitive dust (PM10)
emissions.
9. In order to assure that adequate service levels are maintained at the Paseo
Adelanto & Del Obispo Street intersection consistent with the Growth Management
Element's level -of -service standards, the Citywill assure the implementation of intersection
approach lanes consistent with the City's Master Plan of Streets and Highways, and will
implement optimum signal phasing.
10. Following completion and opening of the Paseo Adelanto intersection, the
City will monitor operations at the Del Obispo Street/Los Rios intersection for compliance
with the Growth Management Element's level -of -service standards. The City will
comparatively evaluate several options including 1) no changes to the intersection; 2)
prohibiting southbound left turns from Los Rios to Del Obispo through the installation of
signage; 3) prohibiting southbound left turns from Los Rios to Del Obispo through
constructing a median; and 4) prohibiting southbound left turns from Los Rios to Del
Obispo and eastbound left -turns from Del Obispo to Los Rios through constructing a
median.
11. Prior to implementing a prohibition on eastbound, left -turns from Del Obispo
to Los Rios Street, the City will conduct intersection traffic counts at the Del Obispo/Paseo
Adelanto intersection to assure that adequate eastbound, left -turn stacking capacity exists.
In the event inadequate stacking capacity would exist, the City would be required to
construct improvements which would provide adequate stacking capacity prior to
implementing such a prohibition.
12. The City may implement one-way traffic flow on that portion of Los Rios
Street subject to heavier pedestrian traffic (i.e. Ramos Street to Entry Plaza). The City will
study the feasibility of implementing controlled access to Los Street (from Ramos and Del
Obispo) and restricting visitor vehicle traffic through signage, enforcement, and/or
mechanical means (applicability depends on which Circulation Alternative is selected).
13. The City will monitor parking demand in the downtown area on an annual
basis as well as parking issues in the historic district. The City will make the design and
construction of public parking within the District a priority in the City's Seven Year Capital
Improvement Program.
14. Prior to the issuance of any permits for development which involve the former
Solag Disposal Company site, the City will require that all environmental remediation,
consistent with the completed Phase 11 Preliminary Environmental Site Assessments
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(PESA), is completed and the site has been certified as meeting all standards established
by the State Environmental Protection Agency (EPA).
15. In conjunction with the review and approval of a park improvement plan, the
City will establish operational guidelines including restrictions on hours of park operation,
types of activities, location of activities, and the use of amplified sound (i.e. music, voice,
etc.).
16. Prior to approval of any residential development, the City will require
preparation of a noise impact analysis which will include specific provisions for mitigating
railroad noise impacts.
17. Prior to approval of any development plan, the City will be required to assure
that such development is consistent with the Site Design Guidelines and Architectural
Design Guidelines for the District.
18. Any development plan forthe "mixed use area" will include a substantial edge
treatment and open space buffer to provide clear visual separation from the Los Rios
National Register Historic District.
19. Prior to approval of any development plan in the planning area, the City will
require field testing and evaluation of the site for cultural resources performed by an RPA
(Register of Professional Archeologists) -certified field archeologist.
20. Prior to issuance of a grading permit, the applicant will retain the services of
an RPA (Register of Professional Archeologists) -certified who will monitor all grading and
excavation for potential impacts on cultural resources including archeological,
paleontological, and historic resources. The applicant will provide an executed contract
with a RPA -certified field archeologist to provide comprehensive monitoring during all
grading; a contingency for assessment, recovery, and/or evaluation of artifacts; and the
preparation of a technical memoranda or report. In the event cultural resources are
encountered during grading, the monitor may cease grading operations, consistent with
City Council policy, to allow for the assessment, and/or recovery or preservation in-situ of
any cultural resources.
21. The City shall administer the State of California "Historic Building Code" for
all historically significant structures(individually significant or contributing structures)
situated within the Los Rios National Register Historic District so as to preserve the
historical integrity of the District.
22. The City will monitor the effectiveness and implement appropriate historic
preservation programs which encourage property owners to rehabilitate and preserve the
integrity of historically significant structures, including but not limited to the Mills Act. The
City will provide technical assistance to property owners seeking Federal investment tax _
cred its.
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23. Prior to approval of any "mixed use area" development plan which would not
include the entire 1.62 Jimenez property as public park land, the City will secure approval
of an amendment to the agreement for the Land & Water Conservation Fund from the
State of California, Department of Parks and Recreation.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano hereby adopts the proposed amendments to the Los Rios Specific Plan as
contained in the October 19, 1999 Draft, hereby incorporated by reference, and including
the following revisions:
Revised Draft Land Use Goal #1: The City designates the Ramos Street
("Jimenez") property for "community passive park" use including, but not limited to,
community gardens, walking paths, family picnic areas and playground, a Native
California plant arboretum. The City designates the Los Rios Recreational Vehicle
(RV) Storage Lot, Cappello property, and the Trulis property as a "special study
area" for future analysis and determination regarding the appropriate ultimate land
use. The "community passive park" and the "special study area" will be landscape
buffered from the "Historic Residential" ("HR") District.
Revised Draft Land Use Goal #12: The City designates about one (1) acre of
publicly -owned land for public parking facilities to accommodate approximately
eighty (80) to one -hundred (100) parking spaces, centrally situated on a portion of
the RV lot and/or Trulis property, so as to provide convenient parking to the "Historic
Residential" ("HR") District as well as the "community passive park." Public parking
will be sited, designed, landscaped and buffered so as to protect nearby residential
properties and the integrity of the Historic District, and should include a pick-
up/drop-off area. In order to site the public parking, the City may relocate the
recreational vehicle (RV) storage lot to the Cappello property and/or a portion of the
Trulis property.
New Draft Land Use Goal #13: The City will encourage proposals for private
property owners in the "Historic Residential" ("HR") District to meet their off-street
parking requirements through agreement with the City for use of the planned public
parking lot.
Revised Draft Circulation Goal #5: The City designates Paseo Adelanto as the
primary access to the Specific Plan area in order to reduce visitor traffic on Los Rios
Street, preserve the historic character of the area, and provide a safer pedestrian
environment. Motor vehicle access to the CRA -owned properties will be provided
exclusively by Paseo Adelanto and no motor vehicle access will be provided via
Ramos Street. Access to the Jones and Ito properties will be provided via River
Street and Paseo Adelanto. The Los Rios/River Street intersection will only provide
access to the O'Neill Museum if and when the museum would secure legal access
to Paseo Adelanto via River Street, and will only provide pedestrian and emergency
access to the Jones and Ito properties.
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Revised Draft Circulation Goal #7: Circulation improvements will be phased
incrementally and assessed to determine the need for subsequent phases so that
circulation system changes are the minimum necessary to achieve the goals of safe
and convenient traffic and pedestrian circulation. Specifically, prior to implementing
any final phase involving significant changes including the expansion of the
pedestrian plaza into Los Rios Street, restricting access to Los Rios Street via
automated gates, or designating streets with one-way traffic, the City will
comprehensively assess the advantages and disadvantages of such improvements
and conduct public meetings on their preliminary design.
Revised Circulation Phasing Plan:
Phase 1: Implement a sign program to direct visitor traffic to Paseo Adelanto,
and direct visitors to park in public lots in the downtown area. Install
bollards or a gate to eliminate Ito and Jones property access from
River Street to Los Rios, but maintain O'Neill Museum access to Los
Rios until such time the museum secures permanent, legal access to
Paseo Adelanto, via River Street. At such time the O'Neill Museum
secures legal access via Paseo Adelanto and River Street, their
access to Los Rios Street will be terminated.
Phase 2: Construct public parking on portion of CRA -owned property and _
implement comprehensive sign program to direct visitors to Los Rios
public parking, and discourage visitortraffic from entering the Historic
District along Ramos Street by constructing cul-de-sac at Paseo
Adelanto and Ramos Street.
Phase 3: Sign and/or reconstruct the Los Rios Street/Del Obispo Street
intersection to restrict or prohibit southbound, left -turns from Los Rios
to Del Obispo Street.
Phase 4: Implement the final phase of Circulation Alternative A-1 (install
automated gate access on Los Rios Street above Las Hadas
entrance to restrict traffic to exit only) or C-1 (the expansion of the
pedestrian plaza to include a portion of Los Rios Street and
constructing "hammerhead" turn-arounds. Before implementing the
final phase of either Circulation Plan, the City will first assess the
effectiveness of previous improvements including signs, parking, and
pedestrian improvements to determine the need to implement the
final phase. Second, the City will design and construct improvements
so that they are "reversible" (i.e. improvements should allow the easy
reconversion of Los Rios Street to its original condition in the event
they do not satisfactorily achieve their desired objectives). One year
after installing the final phase of improvements, the City will assess
those improvements.
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Revised Draft Housing Policy #4: The City will limit the total number of affordable
residences in the Little Hollywood area to fourteen (14). The City will retain the
ability to construct ten (10) new affordable housing units in the Little Hollywood
neighborhood for a total of twenty-four (24) residences with a combination of
detached and duplex structures with a gross density of four dwelling units per acre.
However, prior to proceeding with the development of any additional dwelling units,
the City must exhaust all available opportunities to develop such housing outside
the Specific Plan District.
PASSED, APPROVED, AND ADOPTED this 16th day of
November .1999.
ATTEST:
CITY CLERK
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N GREINER, MA'
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 99-11-16-4 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 16th day of
November , 1999, by the following vote:
AYES: Council Members Swerdlin, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: Council Members Hart and Jones
(SEAL)
CHERYL J06NSON, CITY CLERK
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