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HomeMy WebLinkAboutMinutes 072500 Approved as submitted August 22,2000 a ® ; MINUTES 1918 1 1 9 cAn'�i ATASCADERO CITY COUNCIL MEETING TUESDAY, JULY 259 2000 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Conference with labor negotiator(Govt. Code Sec. 54957.6) Agency Negotiator: City Manager Employee organizations: Department Heads, Mid-Management/Professional, Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service Employees Intl. Union Local 620, Atascadero Police Assoc. City Attorney Roy Hanley announced there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:07 p.m. and Council Member Scalise led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Public Works Director Steve Kahn, Principal Planner Warren Frace, Assistant Planner Jamie Heltsley, Public Works Technician Valerie Humphrey and City Attorney Roy Hanley. Mayor Johnson requested that Item#C-2 be addressed prior to the Public Hearing portion of the meeting. APPROVAL OF AGENDA: MOTION: Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: Dorothy McNeil, 8765 Sierra Vista, wanted to compliment Phil Dunsmore and the Police Department on their response to a complaint she made. Eric Greening, 6600 Lewis Ave., updated the Council on the Salinas Dam water issue. He explained some of the details of the study that was recently completed. He encouraged the Council to obtain a copy of the Safety Report. Joan O'Keefe, 9985 Old Morro Road East, also complemented the Planning staff for their fast response to a complaint recently filed. She also expressed her concern for the ever-increasing sums of money being spent for political campaigns. Ms. O'Keefe suggested the Council enact an ordinance that would limit campaign contributions. She urged the Council to put this issue on a future agenda. Alan Thomas, 9520 Marchant Way, stated he is concerned with the quality of the water in Atascadero Lake. He explained that the two swans died in the last few days and several other birds have also died recently. Mr. Thomas urged the Council to address the problem before it gets out of hand. Mayor Johnson closed the Public Comment period. COUNCIL ANNOUNCEMENT AND REPORTS: 1. Youth Center Funding Update a. Commendation to State Senator Jack O'Connell Mayor Johnson read the commendation and presented it to Senator O'Connell's representative. Council Member Luna expressed his appreciation to Senator O'Connell and the public for their efforts on Atascadero's behalf. Council Member Clay also thanked Senator O'Connell and encouraged all citizens to participate in the development of the Youth Recreation Center. Council Member Scalise commented that there were numerous requests in the State budget, and she was thankful to see one of Atascadero's needs addressed. CC 07/25/00 Page 2 b. Thank you letter to State Assemblyman Abel Maldonado Mayor Johnson commented that a"Thank you" letter was also sent to State Assemblyman Abel Maldonado. Mayor Pro Tem Arrambide stated he has received a few complaints from businesses about the unfair competition of our fees at the Atascadero Lake Pavilion concerning below market rates for room rentals and meals. He requested staff look into the matter. Also, he asked if the cable issue in 3F Meadows is scheduled for a future agenda. City Manager Wade McKinney stated that it will be addressed at the next meeting. Council Member Clay stated that a ribbon cutting ceremony will be held at the new bridge on August 1, 2000. Council Member Luna stated he has received complaints about the new news racks appearing around town. He asked the City Attorney to comment. City Attorney Roy Hanley stated that this issue was reviewed about three years ago when the City considered a news rack ordinance. The Council did adopt the protective measures in regards to masking contents of the newspaper but did not address location issues. He reported that he is looking at some of the approaches other cities have taken with regard to this matter. He proposed to collect this information and bring it back to Council so they can be informed when they address the issue. Council Member Luna commented that he would like to see a cooperative effort addressing the placement of news racks. City Manager Wade McKinney presented the Council with shirts in appreciation for their participation in a leadership training program held earlier this year. A. CONSENT CALENDAR: 1. City Council Minutes—June 27, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of June 27, 2000 [City Clerk] 2. City Council Minutes—Special Meeting June 27, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of the Special Meeting on June 27, 2000[City Clerk] 3. 2000-2001 Annual Spending Limit ■ Fiscal Impact: None ■ Staff recommendation: Council adopt the draft Resolution, establishing the annual spending limit for fiscal year 2000-2001 [Administrative Services Department] CC 07/25/00 Page 3 4. Hot El Camino Nites Road Closure ■ Fiscal Impact: $700. Staff anticipates this will be offset by revenue generated from the event ■ Staff recommendation: Council adopt the draft Resolution authorizing the closure of El Camino Real from Rosario to Curbaril on Friday, August 18, 2000 from 6:30 until 8:30 p.m. [Community Services Department] 5. Labor Market Assessment—Community Development Block Grant Project 99-001- Award of contract ■ Fiscal Impact: $15,000 ■ Staff recommendation: Council authorize City Manager to enter into a contract with the Pathfinders Group for a labor market assessment in the amount of$15,000 [Community& Economic Development Department] 6. Acceptance of Phase 1 of Final Tract Map 97003 /Tract 2271- The Lakes (Midland Pacific/Cannon Associates) ■ Fiscal Impact: None ■ Staff recommendation: Council accept Phase I of Final Tract Map 97003/Tract 2271 [Community& Economic Development Department] 7. Zone Change 2000-0002—(9605 Lake View Drive/City of Atascadero/Kelly Gearhart) ■ Fiscal Impact: Negligible ■ Staff Recommendation: Council adopt, on second reading by title only, the Draft Ordinance enacting Zone Change 2000-0002, changing the zoning of the project [Community& Economic Development Department] Mayor Pro Tem Arrambide pulled Item#A-1, Council Member Luna pulled Item#A-3 and Eric Greening pulled Item#A-4. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to approve Items 9A-2, 5, 6 and 7. Motion passed 5:0 by a roll-call vote. (#A-7- Ordinance No. 374) RE: Item#A-1: Mayor Pro Tem Arrambide stated that at our last meeting, we made an effort to correct his comments in the minutes of June 13th. He explained that he would like to clarify his comments in the minutes of the June 27th meeting on page 5, regarding the $500,000 for the Youth Center. He said the question he asked was, "Was this money coming our way, anyway, and would it now be the same money restricted?" He explained that what he wanted the minutes to say is: "Would this be money that we would have otherwise received unrestricted?" Mayor Pro Tem Arrambide stated that he wanted to make sure that point was conveyed. He also asked what the statement made by Council Member Luna was regarding as it seemed unclear in the minutes. Council Member Luna replied that it is in the staff report. Mayor Pro Tem Arrambide commented that he asked a question regarding the budget on page 7,but it had to do with the issue of depreciation not debt service. City Clerk Marcia Torgerson explained that she listened to the tape of the June 13th meeting and inserted Mayor Pro Tem Arrambide's comments verbatim. She stated that she can do the same for his comments on June 27th. Mayor Pro Tem Arrambide stated that she needs to reflect what's on the tape and not what is in his head. Ms. Torgerson agreed. CC 07/25/00 Page 4 MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to approve Item#A-1 as amended. Motion passed 5:0 by a roll-call vote. RE: Item#A-3: Council Member Luna asked for clarification on the staff report. Administrative Services Director Rachelle Rickard gave the clarifications. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item#A-3. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-028) RE: Item#A-4: Eric Greening, 6600 Lewis Ave., asked that Hot El Camino Nite coordinates with the transit system. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item #A-4. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-029) C. MANAGEMENT REPORTS: (Out of Order—C-1 addressed later in the meeting) 2. Chicago Grade Landfill Agreement ■ Fiscal Impact: Approximate revenues of$24,000 ■ Staff Recommendations: Council authorize the Mayor to sign the agreement between the City of Atascadero and Chicago Grade Landfill, Inc.for exclusive depositing of City waste collections into the Chicago Grade Landfill [Public Works Department] Public Woks Director Steve Kahn gave the staff report. Mike Hoover, owner of Chicago Grade Landfill thanked staff for their assistance with this agreement. He explained the benefits of the agreement. There was no Public Comment. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to authorize the Mayor to sign the agreement between the City of Atascadero and Chicago Grade Landfill, Inc. for exclusive depositing of City waste collections into the Chicago Grade Landfill. Motion passed 5:0 by a roll-call vote. (Contract No. 2000-019) B. PUBLIC HEARINGS: 1. Atascadero Road Progr, am ■ Fiscal Impact: None. The direction the Council gives Staff will have future financial impacts. ■ Staff Recommendation: Council provide direction to Staff on the following: I)Category of roads to maintain; 2)Road acceptance; 3)Road maintenance priority system; 4)Street Maintenance Districts; and S)Additional funding [Public Works Department] CC 07/25/00 Page 5 Public Works Director Steve Kahn gave the staff report including a PowerPoint presentation explaining in detail Atascadero's road status including potential costs. Council complimented Mr. Kahn on his report and asked additional questions. PUBLIC COMMENT Levi Barrett, 1950 Traffic Way, submitted to the Council a news article from 1994 about a traffic accident on Traffic Way. He urged the Council to consider improving the portion of Traffic Way east of Obispo Road. (see Attachment A) Nellie Kennedy, 4525 Sycamore, told the Council she circulated a petition around her neighborhood concerning the repaving of Sycamore Road. She asked that Sycamore be put on the list of roads to be repaired. Gary Born, 4515 Rosita Ave., stated that Rosita is a non City maintained road. He explained that the road is in poor condition. He asked the Council to consider including this road for repairs. Public Works Director Steve Kahn commented that the neighborhood would need to speak with him about creating an Assessment District. Eric Greening, 6600 East Mall, suggested using gas tax to repair roads instead of the other options offered by staff, such as sales tax. Daphne Fashing, 5105 Llano Road, stated she would like to see Portola completely repaved. She also commented that the Water Company projects ruin the newly paved roads. Paul Gray, 10420 San Marcos Road, asked the Council to approve San Marcos' inclusion in the repair program. Geraldine Brasher, 3202 Monterey Road, suggested when the Water Company or other utility agencies cut the road that they be made to repair the road to new condition. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the staff recommendation, "...a focus of project funding on Circulation Plan Roads and the Public Works crews on City Maintained Local Roads." Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Clay and seconded by Council Member Luna to adopt the staff recommendations: 1) "Accept Circulation Plan Roads that are not currently maintained by the City; and 2) Accept Non-City Maintained Local Roads that were accepted by the County for Maintenance and built to the City Engineering Standards." Motion passed 5:0 by a roll-call vote. Council Member Luna commented that he would like to see an inclusion of a hazard safety rating added to the formula. Mr. Kahn answered, yes. CC 07/25/00 Page 6 MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt the staff recommendation, "Cost Benefit Approach on Circulation Plan Roads for project funding under current funding constraints"with the addition of a safety hazard rating to the formula. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to adopt staff recommendation, "Expend all the funds on one maintenance project. The funds designated for each maintenance district would be expended in that district. Dissolve the Maintenance Districts when the project is finished." Motion passed 5:0 by a roll-call vote. There was a Council consensus to direct staff to come back with recommendations for assessment district options. Mayor Johnson called a recess for 15 minutes. 2. Downtown Revitalization Plan—General Plan Amendment—Zone Change 2000-003 (City of Atascadero) ■ Fiscal Impact: None. Future Downtown development will create new revenue to the City ■ Planning Commission Recommendations: 1. Adopt draft Resolution certifying the proposed Negative Declaration 2. Adopt draft Resolution approving the Downtown Revitalization Plan 3. Adopt draft Resolution approving General Plan Amendment 99004 changing the land use designation and establishing design guidelines in the Downtown area 4. Introduce the draft Ordinance,for first reading by title only, approving Zone Change 2000-003, amending the zoning regulations pertaining to Downtown 5. Introduce the draft Ordinance,for first reading by title only, approving amendments to the sign regulations pertaining to Downtown ■ Staff recommendations: 1. Introduce the draft Ordinance,for first reading by title only, approving amendments to the Municipal Code related to Downtown Parking& Business Improvement Area 2. Adopt draft Resolution confirming annual assessment for Downtown Parking& Business Improvement Area (Fiscal Year 2000-01) [Community& Economic Development Department] Community& Economic Development Department staff members gave the staff report including a PowerPoint presentation. The Council asked questions of staff concerning details of the Downtown Plan. The Council expressed appreciation to the Steering Committee and staff for their efforts in creating the Downtown Plan. CC 07/25/00 Page 7 PUBLIC COMMENT Lon Allan, 8615 Santa Lucia,thanked the Council for stating that it was nice working with him. He said it is the first time anyone ever said that and he wants it on the record. He reminded the Council that what is before them is only a plan if you adhere to it. He explained the Steering Committee worked hard to achieve this Plan. Richard Shannon, 5070 San Benito Road, stated he is a downtown business owner. He explained there was a lot of compromise in creating this Plan and that he looks forward to the final outcome. Kim Jeanes, 6280 San Anselmo, thanked the City for their pro-active approach to this Plan. The business owners in the Downtown and other members of the Steering Committee worked with staff to create the Plan and she asked the Council to approve this Plan. Dennis Moresco, 3330 San Fernando Road, said that he enjoyed participating in this process. He explained to the Council the rationale for the flexible design guidelines included in the Plan. John Rousch, business owner in the Downtown, encouraged the Council to adopt this Plan. He explained that he is a member of the Main Street Program in Paso Robles and it is an exciting program. Tim Alvord, Templeton, (representing his mother-in-law, Mrs. Robbie Hoff) stated it was her property that originally triggered the discussion about the height restriction. He asked the Council to not single out her property by restricting the potential height of development on her property. Livia Kellerman, 5463 Honda, stated she appreciates the work of the Committee and is excited about the revitalization of our Downtown. She stated that she is opposed to the creation of the view from the freeway as it would mean cutting trees. She also expressed opposition to the suggestion of moving the Junior High School. Eric Greening, 6600 East Mall, expressed his support for the Down Revitalization Plan. He said he is opposed to the creation of the view corridor, as it would mean topping the trees that act as a sound barrier. Also, he stated his opposition with the suggestion of moving the Junior High School. Pat Gaughn, San Marcos Road, thanked Council Member Arrambide for his consideration for those who have invested much in the downtown. Fred Frank, 3615 Ardilla, thanked Council for supporting this effort. Also, he thanked the staff and Committee for all the time they invested in the creation of this Plan. He also stated he recently read an article that CalTrans is trying to take traffic flow off the freeway and put it on frontage streets. John McGoff, 9192 Maple St., thanked those involved in the creation of this Plan. He stated that staff attempted to answer his questions from the previous meeting. Mr. McGoff said he has a prepared statement in response to the staff report that he would like to submit for the record without reading it. He asked if that would be acceptable. Mayor Johnson responded, yes. (see Attachment B) CC 07/25/00 Page 8 Mayor Johnson asked the City Attorney to comment. City Attorney Roy Hanley stated that Atascadero's Business Improvement Association complies with other cities' interpretation with regard to budgeting, etc. He explained that if someone incorporates and then later becomes unincorporated, that does not mean they do not exist anymore. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the draft Resolution certifying the proposed Negative Declaration. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-030) MOTION: By Council Member Clay and seconded by Council Member Luna to: 1) Adopt the draft Resolution approving the Downtown Revitalization Plan. (Resolution No. 2000-031);and 2) Adopt the draft Resolution approving General Plan Amendment 99004, changing the land use designation and establishing design guidelines in the Downtown area. (Resolution No. 2000-032); and 3) Introduce the draft Ordinance, for first reading by title only, approving Zone Change 2000-003, amending the zoning regulations pertaining to Downtown; and 4) Introduce the draft Ordinance, for first reading by title only, approving amendments to the sign regulations pertaining to Downtown. Motion passed 5:0 by a roll-call vote. Council Member Scalise wished to make an amendment that would incorporate the abandoned road between East and West Mall. The amendment failed due to a lack of a second. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to introduce the draft Ordinance, for first reading by title only, approving amendments to the Municipal Code related to Downtown Parking & Business Improvement Area. Motion passed 5:0 by a roll-call vote. Community & Economic Development Director Paul Saldana stated for the record that no protests were received from the business owners who are subject to the following improvement assessment. MOTION: By Council Member Scalise and seconded by Council Member Clay to adopt draft Resolution confirming annual assessment for Downtown Parking& Business Improvement Area. Motion passed 5:0 by a roll-call vote. (Resolution No. 2000-033) CC 07/25/00 Page 9 C. MANAGEMENT REPORTS: 1. 2000 Road Rehabilitation Project—Bid No. 2000-04 ■ Fiscal Impact: $480,390 ■ Staff Recommendation: Council authorize the Mayor to execute an agreement with Granite Construction Company to construct the 2000 Road Rehabilitation Project for $453,338 and authorize a maximum for the project of$480,390 to include contingencies and construction engineering costs [Public Works Department] Public Works Director Steve Kahn gave the staff report and answered questions of the Council. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise to authorize the Mayor to execute an agreement with Granite Construction Company to construct the 2000 Road Rehabilitation Project for$453,338 and authorize a maximum for the project of $480,390 to include contingencies and construction engineering costs. Motion passed 5:0 by a roll-call vote. 3. Information Bulletin a. Atascadero Printery Masonic Temple b. Employee Update D. COMMITTEE REPORTS: Air Pollution Control District Mayor Pro Tem Arrambide announced that they meet tomorrow morning at 9:00 a.m. County Mayor's Round Table Mayor Johnson reported that they discussed the handling of 402. E. INDIVIDUAL DETERMINATION AND/OR ACTION: Cily lerk a. Designation of Voting Delegate—League of California Cities ■ Fiscal Impact: None ■ City Clerk recommendation: Council designate a voting representative and an alternate who will be present at the Annual Business Meeting of the League of California Cities'Annual Conference in September 2000 and direct the City Clerk to inform the League of the designation Mayor Johnson appointed Council Member Clay as the designated voting delegate at the League of Cities conference. CC 07/25/00 Page 10 F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 10:59 p.m. to the next regular session scheduled on August 22, 2000, at 7:00 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure `forgerson, City Jerk Melanie Whaley, Deputy City Cle ATTACHMENTS: A- Submitted by Levi Barrett, an Engineer's Estimate from July 25, 2000,to fill a dip on Traffic Way and a news article from August 1994 of an car accident on Traffic Way. B- Prepared Statement submitted by John J. McGoff, 9192 Maple Street on July 25, 2000. CC 07/25/00 Page 11 t- -n scs x Atascade%'.�'Council M"tinq Dat 07=25-00 v/f�'+-�. :f.• `3:+T+ M�� f //�� arks"• Ya �' � �•„. �� ;_ yam, �,,� � �r,�i,,., •1 a * (�, // e►w � � Y9f � .,x... -• � � /}'�F ' �,�,• � .,... ...6„ Y. a T,•.a..� d� r = 25 _ Iva ° OR ..p a i lit 77 'wn .ar'i1Lli� acs, ;Y k• ... > i leton ;lltd Mal.( Jarita Creston o Carrisa Plains . Garden Farms Au . 31 , 1994 Atascadero, California 35 cents a copy Ilk I is where the car,,a vi:rI ol, Valentina of Atascadero etlded up Sunday after hitting a six-yearoid chili. i ne accident mat fall' ay Solith .A Aveinia. News Photo by L.W.Alvan. .t , a I HAPs and Atascadero councils got together last week in the Lake Pavilion.News Photo by L.W Drth Count tc rees, to tell SLO : R it Y Kee, sfuur hands off our wato Illus,:to the south haven't changed at have a say in the rates which �tll rtt, Ilul.ul. Ile luld a juiut ❑ CCIing .tu. charges tho-,.: customers wit 'r 1 ut.: ,:,nuli:ils u1' Alascad.xo aull And as the two cities continued city boundai ,s. I .. ,r Ur.0 I '•v;utt us w lun c a l),,lul• tlt:u• 11ISU)1'IC joint meeting, Martill Another 1,.sue is (halt Illy r many In ut: :. ,,I, ,.i ,r , I, I II ,. i, ,: we (In I)ret(y\yell set the tune of the evening great deal ill,ullu 1114 ?nalSlhC3 kitua„ 't, 1.1 j lir. i,yr Ih, !';.Hilt 1•olllll)'). ' Nllcil Ilu salll,"I[ Il all I1IIIIICne ills Ull lirnew lauuhills.'-I het'ucag,l lleSlil t il,l+t, ;I;II UtI ,:I I,I IIIitC ILl\.: k':ll „HI• 1,) Its (1) send wailer to San Luis l,andlill is .Irl fmportanl res,:� �e Il.lt e' .l U+ ' ,. ,,, li, i r!, I �,' �,.;i ;' '.illi,, 1'I,i,, iu IIS,' I �'Ii151N1 •' ,';1!I Illi' Ilial t'll\' ti I)1:111 10 Attachment B Atascadero City Council Meeting Date: 07-25-00 John J. McGoff 9192 Maple Street Atascadero, CA 93422 Phone:805461-1125 Fay 805461-0477 City Counci July 25,2000 QUESTION 1. No Resolution of Intent. There were none required between 1986 and 1 Jan 90. However, effective Jan. 1, 1990 there was a,major change in State legislation that established the framework and rules under which areas established by prior law were authorized to operate. A council expended funds at their sole discretion.Like wise,an advisory board was discretionary. 10-pear-old laws are not new laws. The assertion that everyone is doing it this way is disingenuous in the very least.The PBIA law of 1989 permitted operation of previously established areas BUT/EXCEPT under and consistent with the rules contained in Chapters 3,4&5 of the 1989 law. To assert that there are "no guidelines from the State pertaining to these regulations". I believe this was a field fully occupied by State law. I cannot believe you would attribute ignorance of the law to all whom you CONTACTED.When is ignorance of the law a defense? QUESTION 2. You appear to be using the acronym BIA to mean both the Business Improvement Area AND the Business Improvement Association. I'll call the organization the BIA,Inc. City (Ord. 116 and Chap 11 of the Muni Code established the Parking and Business Improvement Area,NOT the Business Improvement Association as you stated in the response. The BIA Inc.was incorporated on 2/1/91 not 1995 as stated in your answer. It would appear to the layman,that what the City has not established,it couldn't dissolve.The Atascadero BIA,Inc currently appears on the Secey. of State site as "SUSPENDED". You have stated that the BIA,Inc. "also raised outside funds for other activities". (Perhaps this revenue/fiord raising has tax implications not otherwise addressed. You say that the BIA,Inc. was "un-incorporated in 1999. Was the corporate structure "surrendered"? If so,why the need to dissolve the organization?How were you able to do business with the BIA,Inc. for two years? QUESTION 3. Your answer leaves me incredulous. Yes -the 1989 law applied. Yes-the new law subjected the City to new regulations regarding all aspects of the operation of the area. BUT the city continued to march historically on in ignorance asserted in answer to question 1? And the City Attorney has opined (thinks) that the City can continue to operate in this manner. I think not That would be like claiming that a process once practiced becomes policy in spite of the spirit and intent of enabling legislation. I would be careful,you are being asked to ratify one or more possible illegal acts. You are not omnipotent or exercise the right of Kings. You are,of course,by your oath of office, committed to uphold the law,not try to make new law based on a lack of information, disinformation and misinformation appearing in this report WHAT YOU HAVE HERE IS AN A 11 !,MPTED MARRIAGE WITHOUT BENEFIT OF CLERGY. I think what that the City Attorney is inferring is that there is no case law. Therefore,unless and until such an action occurs,we are going to continue to march,so sue us. If these are your final answers,I am going to have to call a couple of friends. Good luck with revitalization.