HomeMy WebLinkAboutMinutes 112492 Minutes Approved as Submitted
01/12/93
ATASCADERO CITY COUNCIL
NOVEMBER 24, 1992
MINUTES
The Mayor called the meeting to order at 7: 00 p.m. and led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Borgeson, Kudlac, Luna
and Mayor Nimmo
Absent: None
Also Present: Muriel "Micki" Korba, City Treasurer and Lee
Raboin, City Clerk
Staff Present: Ray Windsor, City Manager; Andy Takata,
Assistant City Manager/Director of Community
Services; Henry Engen, Community Development
Director; Art Montandon, City Attorney; Mark
Joseph, Administrative Services Director; Greg
Luke, Public Works Director; Bud McHale,
Police Chief; Doug Davidson, Senior Planner
and David Foote, Consultant
PROCLAMATION:
Mayor Nimmo read the proclamation for "Home Care Week", November 29
- December 5, 1992 .
COMMUNITY FORUM:
Eric Greening, 7365 Valle, encouraged all to become familiar with
the information presented to the Board of Supervisors earlier in
the day relating to a reliability study on Nacimiento water. He
noted that the information was available in the public library
under Item #B-17 in the Board of Supervisors agenda packet for
11/24/92.
John Falkenstein, 4600 Castano, inquired about tree protection
plans for the bridge replacement projects on San Andres and Graves
Creek. He mentioned that he had not seen any fencing around trees
on those sites. Greg Luke, Public Works Director, reported that
his department was arduously following the City's tree ordinance
and Council approved tree protection plans. He informed the
speaker that there was no need for fencing at the two bridge sites
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Page 1
because there were no drip systems to intrude upon.
A. COMMITTEE REPORTS (The following represent ad hoc or standing
committees. Informative status reports were given, as
follows. ) :
1. S.L.O. Council of Governments (COG) - Mayor Nimmo
reported on the meeting of November 18, 1992 . He stated
that the principal subject of discussion was changes in
priorities of Proposition 116 projects and added that COG
voted to stay with those previously selected.
2. City/School Committee The City Manager provided a
report on the committee's meeting held earlier that day
at which time language on signage relating to a "Dusk-to-
Dawn Curfew" for the Atascadero Creek area was discussed
at length. Mr. Windsor asked Council for preference
and/or direction.
Councilwoman Borgeson reported that the attorney for the
School District was looking into the matter and the Mayor
suggested any decision be deferred to give staff the same
opportunity. By mutual consent, this was so ordered.
3. Economic Round Table - Andy Takata reported on the
meeting held November 18, 1992 . He stated that Jonni
Eylar, Executive Director of the Visitors and Conference
Bureau, had spoken in support of tourism promotion. In
addition, Richard Shannon provided a status report on the
Fashion Outlet and Dave Vega spoke regarding City
identification signs.
9. Finance Committee - Councilman Luna indicated that the
committee had met and were presently working on
projecting cash flow and looking at ways to increase
revenues.
B. CONSENT CALENDAR:
Mayor Nimmo read the Consent Calendar, as follows:
1. CITY COUNCIL MINUTES - OCTOBER 27, 1992
2. TREASURER'S REPORT - OCTOBER, 1992
3. RESOLUTION NO. 109-92 - DESIGNATING A NO PARKING ZONE ON SAN
ANDRES AVE. BEHIND THE HIGH SCHOOL
4. RESOLUTION NO. 123-92 - AUTHORIZE THE MAYOR TO EXECUTE PROGRAM
SUPPLEMENTS FOR THE SAN ANDRES BRIDGE AND THE GRAVES CREEK
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BRIDGE CONTRACTS
S. RESOLUTION NO. 124-92 - DESIGNATING A STOP INTERSECTION ON
LEWIS AVENUE @ EAST MALL
6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA - Consideration of
request for time extension (Borba/Cuesta Engineering)
7. AWARD BID #92-15 FOR SANTA ROSA ROAD SEWER PROJECT
Councilman Bewley pulled Item #B-3 . Councilwoman Borgeson asked
that Item #B-6 be removed for further explanation.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
approve Consent Calendar Items #B-1, 2, 4, 5, & 7; motion
carried 5:0 by roll call vote.
Re: Item #B-3. RESOLUTION NO. 109-92 - DESIGNATING A NO PARKING
ZONE ON SAN ANDRES AVE. BEHIND THE HIGH SCHOOL
Councilman Bewley noted that the signs were already posted and
wondered why Council was now being asked to approve the item. He
indicated that he would be in favor of allowing parking in this
area during baseball games.
The Mayor criticized staff for posting the signs before Council had
given formal authority by resolution. By mutual consent, Council
continued the matter and referred the matter back to the Traffic
Committee with direction to confer with Don Clickard at Atascadero
High School.
Re: Item #B-6. TENTATIVE PARCEL MAP 13-90, 6655 TECORIDA -
Consideration of request for time extension (Borba/Cuesta
Engineering)
Councilwoman Borgeson remarked that many projects are taking a long
time to complete and expressed concern regarding how this may
affect the City financially. She questioned whether or not the
reason for the extension request was valid and asked staff if any
fees had been collected for this project in 1990 when the map was
approved. Henry Engen responded that fees are not collected until
the building permit is taken out.
MOTION: By Councilwoman Borgeson, seconded by Councilman Bewley
to approve the request for a one-year time extension;
motion carried unanimously.
C. PUBLIC HEARINGS:
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1. "AUTO MALL/RV PARK" GENERAL PLAN/ZONING AMENDMENTr 905 EL
CAMINO REAL
A. Certification of Final EIR & Addendum
B. Resolution No. 56-92 - Approving an amendment to the Land
Use Map and text of the General Plan (GPA 2A-91)
C. Ordinance No. 249 - Amending Map 4 of the Official Zoning
Maps by rezoning certain real property at 905 E1 Camino
Real from CT, RS(FH) , and L(FH) (Commercial Tourist,
Residential Suburban, Recreation, Flood Hazard Overlays)
to CPK and L (PD9) (FH) (Commercial Park and Recreation,
Planned Development Overlay No. 9 and Flood Hazard
Overlay) (ZC 02-91: Daven Investments)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen provided the staff report and background for the
request to change the land use designation at 905 El Camino Real,
a site known to many as the "Rochelle Property" . He emphasized
that a proposed use was not before the Council and explained that
the hearing was being held to consider certification of the
Supplemental Final Environmental Impact Report (EIR) and Addendum
prepared in conjunction with an application for a general plan
amendment and zone change. Mr. Engen noted that approval would
require adoption of Resolution No. 6-92 and Ordinance No. 249 in
addition to certifying the EIR.
Councilman Luna asked how the City could certify an EIR without
looking at a specific project. David Foote, representing SEDES -
the EIR consultant, advised that the recommended mitigation
measures would apply to any project proposed for the site under the
requested planned development overlay. Mr. Engen added that staff
believes the suggested land use mix to be preferable than the
current Single-Family Residential (RS) land use designation.
Councilwoman Borgeson shared concerns relating to air quality,
water availability, effluent disposal and archeological
significance. In addition, she asked staff what other types of
uses might be appropriate for the property. Doug Davidson
displayed graphs depicting General Fund Revenue versus Expenditures
for two types of uses: a proposed auto mall/recreational vehicle
park (RV) and a building materials and farm equipment business. He
added that any commercial project would result in a net financial
benefit to the City and remarked that there would be ample
opportunity for public input once a precise master plan and
specific application for a conditional use permit was prepared and
brought before the Planning Commission.
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Councilman Luna inquired whether or not the proposed RV park would
provide the City with credit towards the State-mandated supply of
affordable housing. Mr. Davidson responded that it would not; he
noted, however, that the park could serve as emergency housing.
Public Comments:
Guy Greene, representing the applicant, spoke in support of the
request. He stated that his clients own the property free and
clear and could presently build fourteen residential homes there if
they chose to do that. Mr. Greene asserted that the proposal was
better than what could be done with the existing zoning and re-
emphasized that a proposed project would come before the Planning
Commission and City Council for approval of specific conditions.
Eric Greening, 7365 Valle, asked a number of questions, including
what steps will be necessary if the zone change is approved, will
all nearby property owners be notified and what recourse of appeal
will be available to citizens in opposition. He advised the
Council to proceed with extreme caution.
Joan Denslow, Templeton resident, read a prepared statement
opposing the request (see Exhibit A) .
A representative of Cosmic Astro Corporation, property owners and
applicants, asserted that his company has looked to the City for
zoning guidance and added that it was City leaders who had
encouraged pursuit of the auto mall/RV park concept. He remarked
that if the community does not want the zone change, then the land
can simply remain as presently zoned and his firm could move
forward with the RV park.
Bill Mazzacane, Executive Director of the Atascadero Chamber of
Commerce, reported that the Chamber supports appropriate zoning for
this large piece of property and encourages commercial development
on the site.
Russ Kolemaine, Box 1919, spoke in favor of the zone change and
urged approval.
--End of Public Testimony---
Doug Davidson responded to additional questions from Council and
provided an overview of the steps that would follow if the request
was granted. In addition, he noted that negotiations regarding
water supply were continuing with Atascadero Mutual Water Company
and confirmed that the proposed auto mall and RV park would be
processed as two separate project; the applicant, he added, could
pursue the RV park with the present zoning in place.
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Page 5
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
certify the Final EIR and Addendum as an adequate
document under the provisions of the California
Environmental Quality Act (CEQA) , including a statement
of overriding considerations for adverse environmental
impacts; motion carried 3 :2 (Councilmembers Borgeson and
Luna opposing) .
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
adopt Resolution No. 56-92 approving General Plan
Amendment 2A-91; motion carried 3 :2 (Councilmembers
Borgeson and Luna opposing) .
MOTION: By Councilman Kudlac, seconded by Councilman Bewley to
waive the reading of Ordinance No. 249 in full and
introduce on first reading; motion carried 3:2
(Councilmembers Borgeson and Luna opposing) .
2. REQUEST TO EXTEND THE BOUNDARY OF THE URBAN SERVICES LINE,
WEST OF HIGHWAY 101 AND PRIMARILY NORTH OF DEL RIO ROAD
(Hemingway)
A. GPA 92-003 is recommended for denial
Henry Engen provided the staff report. He explained that analysis
of the request led to the conclusion that an EIR would be necessary
to evaluate potential impacts and revealed that Mr. & Mrs. Dell
Hemingway, property owners, chose not to comply. The
recommendation, he concluded was to deny the request.
Responding to inquiry from Councilman Luna, Mr. Engen commented
that the owners would be responsible for the cost associated with
preparing an EIR.
Public Comments:
Annie Hemingway, applicant, read a prepared statement (see Exhibit
B) and proclaimed that Mr. Engen was not an expert on whether there
was a need for an EIR.
Mayor Nimmo asked Mr. & Mrs. Hemingway if they were aware their
property was not within the Urban Services Line (USL) when they
acquired the land. The applicants indicated they had.
Dan Knudson and Guy Malone, San Ramon Road residents, indivi-dually
spoke in opposition to the request
--End of Public Testimony---
Councilman Bewley asked the City Attorney if the Council was
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Page 6
legally obligated to include the subject property within the USL.
Art Montandon advised that it was not. He clarified that the
Council was being asked to make a legislative decision which would
not result in the downgrading of property nor the taking of
property. He further confirmed that denial was allowed by CEQA
because of the fact that the applicants were not willing to prepare
an EIR.
Lengthy discussion ensued regarding possible uses of the property
as zoned. Councilman Luna read the list of allowable uses and
asserted that the owners had numerous choices. Councilwoman
Borgeson disagreed and commented that many of the uses listed would
not be appropriate for the acreage.
MOTION: By Councilman Luna, seconded Councilman Bewley to deny
General Plan Amendment No. 92-003 in accordance with the
Planning Commission' s recommendation; motion carried 5:0
by roll call vote.
The Mayor called a recess at 8:55 p.m. At approximately 9:10 p.m.
the meeting resumed.
3. GENERAL PLAN & ZONING AMENDMENT, 5000, 5020, 5040 & 5060
MARCHANT AVE.
A. Resolution No. 99-92 - Approving an amendment to the Land
Use Map of the Land Use Element of the City's General
Plan (GPA 92-002)
B. Ordinance No. 263 - Amending Map 17 of the Official
Zoning Maps by rezoning certain real property at 5000,
5020, 5040, 5060 Marchant Ave. from CP(FH) to CT(FH)
(PD10) (ZC 92-008: Grinnell)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen reported that the applicant, James Grinnell, had
requested that the matter be postponed due to the fact that the
Planning Commission Minutes Excerpt of October 10, 1992 in the
agenda packet did not include a relevant exhibit.
There were no questions or comments from the Council or public.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
continue the hearing until December 8, 1992 motion passed
unanimously.
4. LAKEVIEW DRIVE CITY-OWNED PARCELS - General Plan/Zoning
Amendment
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Page 7
A. Resolution No. 97-92 - Approving an amendment to the Land
Use Map of the Land Use Element of the City's General
Plan (GPA 92-001)
B. Ordinance No. 264 - Amending Map 22 of the Official
Zoning Maps by rezoning certain City-owned real property
along Lakeview Drive (ZC 92-011: City of Atascadero)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Mr. Engen presented the staff report and recommendations to
approve. He noted that a City-owned lot on Santa Rosa Road was an
exception to this request to designate existing Residential
property for Recreation. The City Manager added that the prior
Council had authorized negotiations for certain lots to exchange
for the one on Santa Rosa.
There were no comments from the Council or public.
MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to
adopt Resolution No. 97-92 approving General Plan
Amendment 92-001; motion carried unanimously.
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
waive the reading of Ordinance No. 264 in full and
introduce on first reading; motion passed 5:0 by roll
call vote.
S. SAN BENITO SCHOOL BLOCK, 4500 DEL RIO ROAD Public to
Suburban Single-Family General Plan/Zoning Amendment
A. Resolution No. 100-92 - Approving an amendment to the
Land Use Map of the Land Use Element of the City's
General Plan (GPA 92-004)
B. Ordinance No. 262 - Amending Map 5 of the Official Zoning
Maps by rezoning certain real property at 4500 Del Rio
Road from Public (P) to Residential Suburban (RS) (ZC 92-
010: City of Atascadero)
(Recommend (1) motion to waive reading in full and read by
title only, and (2) motion to introduce on first reading by
title only)
Henry Engen provided background information and recommendation to
approve. Heexplainedthat the School District had no opposition
and had noted that they would not need the corner lot as previously
understood..
There were no comments from the Council or public.
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Page 8
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
adopt Resolution No. 100-92 approving General Plan
Amendment 92-004; motion carried unanimously.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
waive the reading of Ordinance No. 262 in full and
introduce on first reading; motion passed 5:0 by roll
call vote.
D. REGULAR BUSINESS:
1. RESOLUTION NO. 125-92 - APPROVING AND AUTHORIZING THE EXECU-
TION OF A CONTRACT TO PROVIDE DIAL-A-RIDE TRANSIT SERVICES TO
THE TEMPLETON COMMUNITY SERVICES DISTRICT
Greg Luke provided the staff report and explained how costs would
be reimbursed. His recommendation was to approve Resolution No.
125-92 with the stipulation that Atascadero would service Templeton
for a trial period of six months.
Individual comments and concerns were shared. Councilman Kudlac
voiced concern for Atascadero riders who were already suffering
from poor service and indicated that he could not support the
matter. Mayor Nimmo remarked that while he did have some
reservations, he was inclined to go along with the proposal for the
suggested six-month trial period.
Public Comments:
Eric Greening asked staff and the Council to look carefully at
scheduling the added service and encouraged continued adequate
service to Atascadero. In addition, he urged the targeting of TDA
(Transit Development Act) funds.
---End of Public Testimony---
MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to
adopt Resolution No. 125-92 approving the Templeton Dial
-
A-Ride service contract for a period of six months with
the County and authorizing the Mayor to sign on behalf of
the City; motion carried 4 : 1 (Councilman Luna opposing) .
2. ROUTE 41/ROUTE 101/TRAFFIC WAY INTERCHANGE IMPROVEMENT PROJECT
STUDY REPORT
Greg Luke provided the staff report and recommendation to direct
staff to prepare the necessary agreements with COG to participate
in the cost of preparing a Project Study Report of the Highway
41/Highway 101 interchange.
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Page 9
Councilman Luna indicated that he would support the study because
it needs to be done but explained that he was opposed to the
"piece-meal" way in which this intersection was being addressed.
The study, he asserted, should have been done as part of the EIR
for the Highway 41 realignment project.
Councilwoman Borgeson agreed and exclaimed that the Council should
let Caltrans know that the study will be done and improvements will
be expected to be made concurrently with construction of the
Highway 41 extension. Councilman Luna concurred and added that it
must be clear to Caltrans that the improvements to the intersection
must not be delayed. Mayor Nimmo mentioned that approving the
study would send such a message. Caltrans, he added, has not been
willing to study the intersection themselves.
MOTION: By Councilman Kudlac, seconded by Councilman Luna to
direct staff to prepare the necessary agreements with COG
to participate in a Project Study Report of the Route
41/Route 101/Traffic Way interchange on a 50-50 cost
split; and further, to encumber $25, 000 for this study
from STP funds when they are made available to the City;
motion carried unanimously by roll call vote.
E. INDIVIDUAL DETERMINATION ANDIOR ACTION:
1. City Council
Councilman Bewley suggested that if staff becomes aware that an
item is going to be continued to let the Mayor know so that it can
be announced before the meeting.
Councilman Luna proposed the use of a reader-board to illustrate
for the public where on the agenda the Council is and what the
disposition was for items already addressed.
2. City Attorney
At Councilwoman Borgeson's request, the City Attorney reported that
the Council had directed him to dismiss litigation concerning Mike
Bewsey and Michael Hawkins.
3. City Clerk
Lee Raboin reported that she would be attending the City Clerk's
Department New Law and Election Seminar in San Diego December 2-5,
1992.
4. City Manager
Ray Windsor reminded all of the Friends of the Pavilion ceremony
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Page 10
scheduled for Thursday, December 3, 1992 at 12:00 p.m. and
encouraged attendance.
BY COUNCIL CONSENSUS, THE MEETING WAS ADJOURNED AT 9:55 P.M. THE
CITY COUNCIL WILL MEET IN A STUDY SESSION REGARDING THE SOURCE
REDUCTION AND RECYCLING ELEMENT AT 6:00 P.M. ON TUESDAY, DECEMBER
81 1992 AT 6:00 P.M. THE REGULAR MEETING WILL BEGIN ON THAT DATE
AT 7:00 P.M.
MINUTES RECORDED AND PREPARED BY:
f
LEE RABOIN,� 'it Clerk
Attachments: Exhibit A (Denslow)
Exhibit B (Hemingway).
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Page 11
CC11/24/92
_EXHIBIT "A"
Joan Elizabeth Denslow
Route 1 , Box 93 N04 2499
Templeton , CA 93465
To : The Atascadero City Council
Lood evening mayor, council members, staff and members of
the public.
LIn June, qLj) five months ago, this counciT denied the EIR on
this property because the overwhelming problems of no water uaranteeD
or sewage hookup in addition to thus-far insurmountable public safety
problems such as city Tiability for wrongful death or injury due to
XM4XXX%k1KX1 KXX`PMM11K placing a. public attraction next to a. railroad
tract_ Those problems have,, once again ,. not been addressed in this
latest effort by the property owner tio�4change• zoning and get an,
EIR approved.
In addition ,, the latest white elephant plan calls, for more-
limiting
orelimiting zoning that would entirely do away with Suburban Single
Family Residential As I understand it, that would completely rules
out an home or homes on the land. /7/00 0014 �-
Ye ate*osr ,4cc�,�r-�4-x3�c. vsc .
LQuito frankly, council members , this latest effort was purely
mounted in order to take advantage of new. council immmiffiNk andC
for. one hope that the new- members will look hard and long and- 11W
cv o
then- vote,4al along
wi b th �#t2h � members a resounding NO on,
chang is proper un I a feasible, plan with a equate
watery
rovided b the A�ci ty of Atascadero. and not al ready
p
burdened Sa.Tinas River basis.
�.Let the owner- come' ice: forth w th AMR& a sor+: sewage- pa arr
thaa; guarantees no four—acre? ponds: next to a.. 1MIL f"1 ood p.1 &i n ,, l e
the- owner- come- forward. 0 tir a pl artStha.t: d �� ot. endanger
lot
public hunters in. the riverbed,*'""and a p an that protects
the- often-unwary public from harm by a speeding locomotive-.
Please- say no until the questions are answered and please i*
demand from the A1W property owner a promise to stop wasting the
city staff ' s time- with a planthat has no answers .
LBe unanimouse on this council menbers so that your time and
the public ' s time is: not being wasted by a It 's the wrong
zoning change at the wrong location . �I
CC11/24/92 a@ 1 0 W 9
EXHIBIT °B"
Page 1 - 1992
Atascadero City Council Meeting
November 24, 1992
In our meeting with the Planning Commission on November 3, 1992,
the Community Development Department had already decided to
recommend denial before we ever had the meeting. Naturally, the
Planning Commission went along with their recommendation.
It is apparent to us that the Atascadero Planning Commission is
set on "no growth" for the northwest corner of Del Rio Road and
Highway 101. You see where "no growth" has gotten the County of
San Luis Obispo. They are on the brink of bankruptcy.. A 100
room motel on our property can bring in up to $900.00 a night in
bed tax, broaden the tax base, employ many people, and increase
the income at the gas stations and restaurants_ It could
definitely be a plus for the City.
Another "no growther, "' one of the neighbors, said that the
property should be kept for the small animals and deer.. I say
the small animalsanddeer belong in the country, not in the City
limits. The City is for people and buildings.
In the Staff Report of October 20, 1992, it is stated, and I
quote:
The sewer master plan for the north end of town should
be completed. prior to any changes in the Urban Services:
Line. As the following section shows, the Sewer Master
plan should be .the main focus of an Environmental
Impact Report which also addresses the land use
implications of expanding the sewer service- area.
As you can see, it is the City who needs an EIR, not us. The
city just wants, us to pay for what they are responsible for.
Besides, it makes no sense for us to get an EIR until there is: a
specific project for the property.
In Greg Luke's memorandum of August 13, 1992, he states:
If we plan for & larger area we should be able to
actually reduce the number of pump stations by placing
one or two larger, regional, pump stations at proper
locations. We could then abandon some. of our localized
stations. In addition, we- may be able_ to reduce the
load. on the main pump station at the Corporation Yard.
This would forestall. an upgrade at that facility which
would- be- necessary soonto accommodate the increased
flowsfromthe north end of town. As we discussed, the
area- of Del Rio Road west of the freeway could be
designated as- 'Phase V of the regional plan. This
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EXHIBIT "B"
Page 2
would allow the GPA amendment to proceed in a timely
fashion. In addition, everyone would know that the
facilities being built are compatible with a
comprehensive regional program.
Mr. Luke points out that to build the sewer to the west side of
the freeway could actually save the City some money. We have not
asked the City to build the sewer line. We would expect that
from the developer who buys our property.
The City of Atascadero has confiscated our property! The
property is up for sale now. If we have to sell it to someone
who can only put in a business with a septic system, then we
would probably only get somewhere around $300,000. If we can get
sewer, then we can sell it to a developer for a motel, bringing
in around $900,000 to $1 million dollars. As you can sees you
are definitely getting into our pocketbooks. And we don't like
it!
We see no reason for our being tied to the San Ramon Land Co.
They are not even Commercial Tourist.
We have hired an attorney to sue the City of Atascadero if
necessary. We will not give up. We will take our case to
Sacramento or even to the Supreme Court, if that is what it
takes! If we go to Sacramento, we will make them aware of the
terrible condition of the entire sewer system in the City. It
really could become costly to the City then.
Dell Hemingway Annie Hemingway