HomeMy WebLinkAboutResolution 2004-38 - Summary Vacation of Excess Right-of-Way CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
January 26, 2005
To whom it may concern:
The City Council of the City of Huntington Beach at the regular meeting held on June 7,
2004 adopted Resolution No. 2004-38 ordering the summary vacation of the excess right-
of-way easement at 306 Indianapolis Avenue.
Enclosed is a certified copy of said recorded resolution for your records.
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Certified Copy of Resolution No. 2004-38
Copies to:
RDMD Geomatics O C Water District O C Assessor's Office
Verizon Communications Registrar of Voters-Map Section O C County Clerk
Verizon,Incorporated So.Ca.Edison Co.Vince Cichoski Thomas Bros.Maps
H B Main Post Office-Warner So.Ca.Edison Co.Jerry Dominguez O C Sanitation District
H B Postal Substation-Atlanta So.Ca.Gas Co.-Ray Turuno
H B Postal Substation-Olive So.Ca.Gas Co.-Joe Carton In-house:
................................... So.Ca.Gas Co.-Bob Worth Planning:
Transportation Dist. 12-Maintenance Div. Transportation Dist.7-Traffic Division Carvalho/Zelefsky
Fire Metro Net Communication Center O C Board of Supervisors Water Ops.Manager
Postal Service Address Mgmt.Systems Metro Water District of Southern California Fire Department:
Map Maker
Police Chief
Emerg Svc Coordinator(Fire)
g:/followup/vacations/vacstitr2001.doc
(Telephone:714-536-5227)
SOUTHERN CALIFORNIA GAS CO RDMD GEOMATICS THOMAS BROS MAPS
ATTN JOE CARTON P O BOX 4048 17731 COWEN
1919 S STATE COLLEGE SANTA ANA,CA 92702-4048 IRVINE,CA 92714
ANAHEIM,CA 92803
VERIZON COMMUNICATION. ORANGE COUNTY WATER DISTRICT DEPARTMENT OF TRANSPORTATION
ATTN RIGHT OF WAY AGENT ATTN DON JACKSON DISTRICT 12-MAINTENANCE DIV
....................... P O BOX 8300 ATTN JOHN KENAN
200 W OCEAN BLVD—3id FLOOR FOUNTAIN VALLEY,CA 92728 3347 MICHELSON DRIVE SUITE 100
LONG BEACH,CA. 90802 IRVINE,CALIFORNIA 92612-1682
SOUTHERN CALIFORNIA EDISON ORANGE COUNTY SANITATION DIST. POSTAL SERVICE
ATTN VINCE CICHOSKI ATTN ENGINEERING DEPARTMENT ADDRESS MGMT SYSTEMS
7333 BOLSA AVENUE COUNTY SANITATION DIST#3 ATTN BETTY PILON
WESTMINSTER,CA 92683 P O BOX 8127 3101 W.SUNFLOWER AVENUE
FOUNTAIN VALLEY,CA 92708 SANTA ANA,CA 92799-9316
CLERK OF THE BOARD JEAN FERRELL,MGR. O.C.BOARD OF SUPERVISORS
10 CIVIC CENTER PLAZA,RM.465 METRO NET COMM.CTR. 10 CIVIC CENTER PLAZA
SANTA ANA,CA 92701 201 S.ANAHEIM BLVD.,STE.301 SANTA ANA,CA 92701
714-834-2206 ANAHEIM,CA 92805
METRO WATER DIST OF SO CALIF
ATTN CIVIL ENGINEER
SUBSTRUCTURE SECTION
P O BOX 54153 TERMINAL ANNEX
LOS ANGELES,CA 90054
O.C.ASSESOR'S OFFICE REGISTRAR OF VOTERS MAP SECTION POSTAL SUBSTATION
JACK WALKER REAL PROPERTY DEPT ATTN THOMAS J.RENOCK IDA J HAXTON STATION
P O BOX 149 P O BOX 11298 9151 ATLANTA AVENUE
SANTA ANA,CA 92702 SANTA ANA,CA 92711 HUNTINGTON BEACH,CA 92648
SOUTHERN CALIFORNIA GAS CO HUNTINGTON BEACH POST OFFICE
ATTN RAY TURUNO 316 OLIVE AVENUE(&Main)
P O BOX 3334 HUNTINGTON BEACH,CA 92648
ANAHEIM,CA 92803
HUNTINGTON BEACH POST OFFICE SOUTHERN CALIFORNIA GAS CO. VERIZON,INC.
ATTN TOM MANETTA ATTN BOB WORTH ATTN TEDDIE GAGE
6771 WARNER AVENUE P O BOX 3334 MAJOR ACCTS.THIRD FLOOR
HUNTINGTON BEACH,CA 92647 ANAHEIM,CA 92803 2801 TOWNS GATE ROAD
THOUSAND OAKS,CA 91361
DEPARTMENT OF TRANSPORTATION SOUTHERN CAL EDISON CO.
DISTRICT 7 TRAFFIC DIVISION ATTN JERRY DOMINGUEZ
ATTN BURT CLARK 7333 BOLSA AVENUE
120 SOUTH SPRING STREET WESTMINSTER,CA 92683
LOS ANGELES,CA 90012
1/23/04
g:pattye/streets renamed
IN HOUSE: IN HOUSE: IN HOUSE:
WATER OPERATIONS MANAGER (1)FIRE DEPARTMENT/MAP MAKER (1)WAYNE CARVALHO/ASSOCIATE PLANNEI
WATER DEPARTMENT (1)FIRE DEPT/EMERG SVC COORDINATOR
HUNTINGTON STREET (1)POLICE CHIEF (1)HOWARD ZELEFSKYlZONING
COORDINATOR
1/23/04
g:pattye/streets renamed
' PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY: .
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
11111IM11IIIII"IIIII111 Oil 11iIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIliltIIIINO FEE
AND WHEN RECORDED MAIL TO: 200400055281210.41 am 06/18/04
211 128 R28 5
CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Attn: Joan Flynn, City Clerk
City Clerk's Office
P. 0. Box 190 -- 2000 Main St.
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NUMBER 2004-38 1/hh
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This doaxr*M Is sot*for d"of*"
business of the City of fMxh*vIon
beech,as oonlen>pialed under
oovemennt Code Sea 6103 and
should be recorded fro"of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
RESOLUTION NO. 2004-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS RIGHT- OF WAY EASEMENT
AT 306.INDL=ANAPOLIS AVENUE.
WHEREAS, THE City Council of the City of Huntington Beach wishes to summarilyvacate
an easement which is excess right-of-way and is not required for street or highway purposes
pursuant to California Streets and Highways Code Section 8334(a); and
Said right-of-way is the frontage of 306 Indianapolis Avenue,
NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby
resolve as follows:
1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, commencing with Section 8334(a),the City Council of the City of Huntington Beach hereby
orders the vacation of the excess right-of-wavy easement located on the frontage of 306 Indianapolis
Avenue.
2. The right-of-way easement hereby-vacated is more particularly described
on the attached Exhibit"A" Legal Description and by this reference made a part hereof.
The plat'.described as Exhibit"B".in Exhibit a and attached thereto is made.a'part hereof
by this reference.
The City Council does hereby confirm that the easement herein vacated is excess right-of-
way and is not required for street or highway purposes.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of June , 200 t_.
r
APPROVED AS TO FORM
Clerk City Attorne
REVIE / D AND PLED-. IATED ANDAPPRO
City Administrator Director of Public Works "
04reso/vacate/5/17/04
aF 101
-
1
P
EXHIBIT "A"
LEGAL DESCRIPTION
Those portions of Lots 1 .1 .and 12 of Block 803 of the Vista Del Mar Tract,.in the
City of Huntington Beach, County of Orange, State of California, as shown on the
map recorded in Book 4, Page 5 of Miscellaneous Maps, Records of said
County, also being portions of Parcels 2 and 3 as described in the Grant Deed to
the City of Huntington Beach recorded May 10, 1971 in Book 9634, Page 636 of
Official Records, Records of said County, described as follows:
Beginning at the southerly corner of said Parcel 3, said point being the beginning
of a tangent curve in the southerly line of said Parcel 3, concave southeasterly
having a radius of 35.00 feet; thence northeasterly along said curve and said
southerly line 50.27 feet through a central angle of 90000'00" to the point of
tangency with the southerly line of said Parcel 2; thence along the southerly line
of said Parcel 2 South 89059'06" East 93.00 feet to the westerly line of Parcel 1
as described in said Grant Deed; thence along said westerly line North 00°00'54"
East 10.00 feet to the northerly line of said Parcel 2; thence along said northerly
line North 59059'06"West 110.00 feet to the beginning of a curve, concave
southeasterly having a radius of 15.00 feet; thence leaving said northerly line,
southwesterly along said curve 23:56 feet through a central angle of 90'00'00" to
the point of tangency wiith:the westerly line of said Parcel 3; thence along said
westerly line South 00000'54" West 27.00 feet to the POINT OF BEGINNING.
Contains 1,422 square feet, more or less.
And as shown on the plat attached hereto as "Exhibit B" and by this reference
made a part hereof.
David A. Moritz PLS 7388 p,L LAND
S
License Expires 12 31-05 M p9iT'�GF`
No.7388
(P
FOF CA��F
Page 1 of 1
04/29/2004 8:45 PM
C:\Survey\PROJECTS\Jim Daniel\LEGAL.doc
INDIANAPO L / S AVENUE -
r------------- -----.- --------------------�
zs= 90'00'00"
R= 15.00' o
L= 2356' PARCEL Z M N00°00'54"E I
I 0.R. 9634/636
I N89°59'06"W 110.00' 10.00' LLJ
I
v, S89-59'06"E
W 93.00' PARCEL I LOT 10 Q
I
I ,n o LOT 1 0 0.R. 9634/636
~ N A= 900 00'00" .5'
v� o R= 32.00' LOT 12 17.5'
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I LOT 1-4I
M,M, 4/515' i
NIL LAND
No.7388
Rl * Exp.12 oS" * EXHIBIT "B"
� \�04�>�Q' PLAT TO FORCOMPANY EASEMENTEGAL PURPOSESRIPTION
SCALE. 1,.--4o OF.CAL
DATE: 4/20/04 BY: D. MORITZ
1
Res. No. 2004-38'
STATE OF.CALIFORNIA.
COUNTY OF ORANGE ss
CITY OF HUNTINGTON BEACH
I, JOAN FLYNN, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 71th day of June,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
CIV Clerk and ex-offici&lerk of the
City_Council.of the City of
Huntington Beach, California
The f0NV*V unont 16 aowf"
am of to odow on fps 1n*ft COW
Attest 20L
J
e � o �►
q� MY y of Huntington Beach►
eputY
BY
F- V6F /
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied C' er ' gnatur
Council Meeting Date: June 7, 2004 Departmen Number: PW 04-050
T
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER '^' L
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City Administrator 0
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works-
SUBJECT: Adopt Resolution for Summary Vacation of Excess Right-of-Way
Easement ("R S_ IN a . ;)-vo A—3g
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The property owner at 306 Indianapolis Avenue, requests that the City
adopt a Resolution to summarily vacate a portion of excess right-of-way along the frontage of
his property pursuant to California Streets and Highways Code Section 8334(a). Pubic
notice is not required for summary vacation.
Funding Source: Not applicable.
Recommended Action: Motion to:
1. Adopt Resolution No. aOA— 3g a resolution of the City Council of the City of
Huntington Beach ordering the summary vacation of the excess right-of-way easement at
306 Indianapolis Avenue; and
2. Instruct the City Clerk to record the said Resolution and attached exhibits with the Orange
County Recorder.
Alternative Action(s): Deny the recommended action.
LD
REQUEST FOR ACTION
MEETING DATE: June 7, 2004 DEPARTMENT ID NUMBER: PW 04-050
Analysis: On May 10, 1971, an easement to the City of Huntington Beach for street and
public utilities over portions of Lots 11 and 12 of Block 803 of the Vista Del Mar Tract, more
commonly known as 306 Indianapolis Avenue, was recorded with the Orange County
Recorder's Office. A portion of this easement provided the City with an additional 10 feet of
street right-of-way along the Indianapolis Avenue frontage of this property, increasing the
half-street right-of-way width to 40 feet.
This street easement was initially intended for the future widening of Indianapolis Avenue.
To date, no street construction has occurred to widen this segment of Indianapolis Avenue.
Consequently, the portion of the easement that the City is being requested to summarily
vacate is located within the property owner's yard and is not necessary for any public utility,
pedestrian or vehicular access. The General Plan currently designates this segment of
Indianapolis Avenue as a collector street. This classification has a maximum half-street right-
of-way width of 30 feet.
Upon vacation of this portion of the easement, the rights to the underlying land would revert
back to the fee owner of the property and the resulting right-of-way width would be consistent
with the General Plan. The Planning Commission unanimously approved the application for
General Plan Conformance (GPC 04-01) relating to the vacation of this excess right-of-way
easement at their April 27, 2004 meeting.
Unlike the general street vacation process, the summary vacation process does not have
public noticing requirements, nor does it require a separate public hearing prior to the Council
taking action
Public Works Commission Action: Not required.
Environmental Status: "The proposed project is categorically exempt pursuant to
Class V: Alterations in Land Use Limitations, sub-section (a) Minor street, alley, and utility
easement vacations, of Resolution No. 4501 of the City of Huntington Beach."
Categorically exempt.
Attachment(s):
City Clerk's
. - Number No. Description
1. Resolution of the City Council of the City of Huntington Beach
Ordering the Summary Vacation of the Excess Right-of-Way
Easement at 306 Indianapolis Avenue.
RCA Author: J. Claudio:jg
G:\R C A\2004\04-050 June 7 Claudio(Summary Vacation of Excess Right-of-Way).doc -2-
5/19/200412:15 PM
ATTACHMENT # 1
t
Lj, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK .
June 8, 2004
Tom Daly
O. C. Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92702
Enclosed please find Resolution Number 2004-38 of the City of Huntington Beach to be
recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main
Street, Huntington Beach, CA 92648.
Please return a conformed copy of the Resolution when recorded to this office in the enclosed
self-addressed stamped envelope.
Joan L. Flynn
City Clerk
Enclosures
Re;,Resolution 2004-38.—Location:306 Indianapolis Ave.—between Huntington Stand California St
G:/followup/deeds/deed letter2002.doc
Procedure#18
(Telephone:714.536-5227)
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON .BEACH
Attn: Joan Flynn, City Clerk
City Clerk's Office
P. 0. Box 190 -. 2000 Main St.
Huntington Beach, CA 92648
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
RESOLUTION NUMBER 2004-38
This doaxnarA is ad*for the dk1W
bu*wm of M»CRY of HunfkVM
Saod%.as am Am, under
Goverment Coda Sac.6103 and
*xxM b m recorded has of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
t
RESOLUTION NO. 2004-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY
VACATION OF THE EXCESS RIGHT- OF WAY EASEMENT
AT 306 INDIANAPOLIS.AVENUE
WHEREAS, THE City Council of the City of Huntington'Beach wishes to summarily vacate
an easement which is excess right-of-way and is not required for street or highway purposes
pursuant to California Streets and Highways Code Section 8334(a); and
Said right-of-way is the frontage of.306 Indianapolis Avenue,
NOW, THEREFORE, the City Council of the City of Huntington Beach, does hereby
resolve as follows:
1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, commencing with Section 8334(a),the City Council of the City of Huntington Beach hereby
orders the vacation of the excess right-of-way easement located on the frontage of 306 Indianapolis
Avenue.
2. The right-of-way easement hereby vacated is more particularly described
on.the attached Exhibit"A" Legal Description and by this reference made a part hereof.
The plat described as Exhibit."B" in Exhibit A and.attached thereto is made a P art hereof
by this reference.
The City Council does hereby confirm that the easement herein vacated is excess right-of-
way and is not required for street or highway purposes.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the Ith day of June , 2004
r
APPROVED AS TO FORM:
ry)
Clerk City Attorne
REVIE lk4�m'
EDAND PRO IATE(D AND APPRO D:
/7
City Administrator Director of Public Works
04reso/vacate/5/17104
t
EXHIBIT "A"
LEGAL DESCRIPTION
Those portions of Lots 11 and 12 of Block 803 of the Vista Del Mar Tract, in the
City Of Huntington Beach, County Of Orange, State of California, as shown on the
map recorded in Book 4, Page 5 of Miscellaneous Maps, Records of said
County, also being portions of Parcels 2 and 3 as described in the Grant Deed to
the City of Huntington Beach recorded May 10, 1971 in Book 9634, Page 636 of
Official Records, Records of said County, described as follows:
Beginning at the southerly corner of said Parcel 3, said point being the beginning
of a tangent curve in the southerly line of said Parcel 3, concave southeasterly
having a radius of 35.00 feet; thence northeasterly along said curve and said
southerly line 50.27 feet through a central angle of 90000'00" to the point of
tangency with the southerly line of said Parcel 2; thence along the southerly line
of said Parcel 2 South 89°59'06" East 93.00 feet to the westerly line of Parcel 1
as described in said Grant Deed; thence along said westerly line North 00000'54"
East 10.00 feet to the northerly line of said Parcel 2; thence along said northerly
line North 59°59'06" West 110.00 feet to the beginning of a curve, concave
southeasterly having a radius of 15.00 feet; thence leaving said northerly line,
...-southwesterly along said curve 23:56.feet through a central angle of 90°00'00" to
the point oftangency with.the.westerly:line of said Parcel 3; thence along said
westerly line South 00000'54"West 27.00 feet to the POINT OF BEGINNING.
Contains 1,422 square feet, more or less.
And as shown on the plat attached hereto as "Exhibit B" and by this reference
made a part hereof.
y-z?-0
David A..Moritz PLS 7388 ptLANDSU
License Expires 12-31 05 KMO ;i``
No.7388
Q�
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Page 1 of 1
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C:\Survey\PROJECTS\Jim Daniel\LEGAL.doc
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i A= 90°00'00"
R= 15.00' I
L= 23. O.R..56' PARCEL634/636 N00°00'54"E
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41
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n o I O-r I I 0 0.R. 96341636 I
- - - - - - - - I�
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o R= 32.00' LOT ) 2 17.5' LOT r- 7
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PARCEL
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VISTA DAL MAR TRACT
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At LANDSG
Mp9i�'9GF'`o
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No.7388
* Exp. z EXHIBIT „B"
s,. * ��Q' PLAT TO ACCOMPANY LEGAL DESCRIPTION
SCALE: 1"=40' 9lF0F CA1.�F�Q FOR EASEMENT PURPOSES
DATE: 4/20/04 BY: D. MORITZ
1
Res. No. 2004-38'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
`CITY OF HUNTINGTON-BEACH ,. )
I, JOAN FLYNN, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 7th day of June,
2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
CIV Clerk and ex-officioQlerk of the
City:Gouncil bf the City of
Huntington Beach, California
1
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Resolution Approving Summary Vacation of Excess
Right-of-Way Easement
COUNCIL MEETING DATE: June 7, 2004
RCA ATTACHMENTS `STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorne Not Applicable
Subleases; Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORYVARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: J. Claudio