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HomeMy WebLinkAboutMinutes - January 16, 2002LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JANUARY 16, 2002 C-1 CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of January 16, 2002 was called to order by Mayor Pennino at 5:53 p.m. Present: Council Members — Hitchcock, Howard, Land, Nakanishi (arrived at 6:00 p.m.), and Mayor Pennino Absent: Council Members — None Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston C-2 ANNOUNCEMENT OF CLOSED SESSION a) Prospective acquisition of real property located at 307 West Elm Street, Lodi, CA (APN 037-270-17); the negotiating parties are City of Lodi and James E. and Carol A. Dean TR.; Government Code §54956.8 (CD) b) Prospective acquisition of real property located at 541 East Locust Street, Lodi, CA (APN 043-202-14); the negotiating parties are City of Lodi and Pete and Helen Perlegos; Government Code §54956.8 (CA) C) Review of Council Appointees — City Manager, City Attorney, and City Clerk (Government Code §54957) C-3 ADJOURN TO CLOSED SESSION At 5:53 p.m., Mayor Pennino adjourned the meeting to Closed Session to discuss the above matters. C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION At 7:00 p.m., Mayor Pennino reconvened the City Council meeting, and City Attorney Hays disclosed that no reportable action was taken on Items C -2(a), C -2(b), and G2(c). A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of January 16, 2002 was called to order by Mayor Pennino at 7:00 p.m. Present: Council Members — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino Absent: Council Members — None Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston B. INVOCATION The invocation was given by Pastor Glen Barnes, First Baptist Church. Pastor Barnes announced that the church plans to open the "180 Teen Center" at 17 W. Lockeford Street within the next six weeks. United Way awarded them a grant for the first two years of its operation. C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Cub Scout Troop 295. D. AWARDS / PROCLAMATIONS / PRESENTATIONS D-1 (a) Following the introduction by Community Improvement Manager Joseph Wood, Mayor Pennino presented the Community Improvement Award to John and Connie Goulart, property owners of Kettleman Court Apartments, 911-937 W. Kettleman Lane, for their significant contribution to the improvement of Lodi. Continued January 16, 2002 D-2 Proclamations — None D-3 (a) Megan Hawley, member of the Greater Lodi Area Youth Commission, announced that on March 1 a youth conference would be held at Lodi Academy. Four $500 scholarships will be awarded by the Youth Commission and applications are due by April 1. The Women's Football Charity Bowl game will be held April 20 at Tokay High School. A Teen Lead session on volunteerism will be held on February 13. Ms. Hawley then acknowledged the Teen of the Month, Rasheed Ahmadi from Lodi High School. D-3 (b) Mayor Pennino presented a Certificate of Appreciation to Terri Arbuckle and Janette deJong, Animal Services Officers, on behalf of Nancy Bergeron for her contributions to the Lodi Animal Shelter. Ms. Bergeron donated a bank of six cat cages, vari kennels, and miscellaneous pet grooming products. Mayor Pennino presented a Certificate of Recognition to City Clerk Blackston for having recently earned the designation of Certified Municipal Clerk (CMC) through the International Institute of Municipal Clerks. The Mayor noted that Deputy City Clerk Jackie Taylor has also earned the designation of CMC, and he will be presenting a certificate to her at a later time. E. CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, Council, on motion of Mayor Pro Tempore Hitchcock, Land second, unanimously approved the following items hereinafter set forth except those otherwise noted: E-1 Claims were approved in the amount of $5,587,730.03. E-2 The minutes of December 4, 2001 (Shirtsleeve Session), December 18, 2001 (Shirtsleeve Session), December 25, 2001 (Shirtsleeve Session), January 1, 2002 (Shirtsleeve Session), and January 8, 2002 (Shirtsleeve Session) were approved as written. E-3 Authorized the sale of scrap wire and metal at periodic intervals during the calendar year 2002. E-4 Approved the specifications and authorized advertisement for bids for the purchase of 384 electric watthour meters. E-5 Adopted Resolution No. 2002-10 rejecting the bid from Gateway Landscape and awarding the contract for 2001-2002 City-wide Handicap Ramp Retrofit Project to Diede Construction, of Lodi, in the amount of $158,592; and appropriated funds in accordance with staff recommendation. E-6 Adopted Resolution No. 2002-11 awarding the contract for Maintenance of Landscape Areas for Calendar Year 2002 to Greenline Landscaping & Maintenance, of Stockton, in the amount of $103,100. E-7 Adopted Resolution No. 2002-12 awarding the contract for Mistletoe Removal and Tree Trimming to Arbor Care, of Sacramento, in the amount of $22,345; and appropriated $24,500 for the project. E-8 Adopted Resolution No. 2002-13 authorizing the City Manager to request the Transportation Enhancement Activities Grant be transferred to the Kettleman Lane Gap Closure Project from the Lodi Lake Bike Path Project (Phase II). E-9 "Adopt resolution authorizing the City Manager to sign assurances to San Joaquin Council of Governments for Lodi Lake Bicycle Path Project (Phase II)" was removed from the Consent Calendar and discussed and acted upon following the approval of the Consent Calendar. 2 Continued January 16, 2002 E-10 "Approve the use of a privately owned and maintained drainage basin to meet the storm drainage needs of existing and future development on parcels located at 333 South Lower Sacramento Road (APN 027-040-04) and 617 South Lower Sacramento (APN 027-040-35) until public storm drain facilities are available" was removed from the Consent Calendar and discussed and acted upon following the approval of the Consent Calendar. E-11 Adopted Resolution No. 2002-14 authorizing he City Manager to execute a professional services agreement with George Miers and Associates for Space Needs Master Plan and Pre -Schematic Design for renovation of Fire Station #2, located at 705 E. Lodi Avenue; and appropriated $25,000 for the project. E-12 Adopted Resolution No. 2002-15 approving the form of and authorizing the execution and delivery of a Standby Certificate Purchase Agreement relating to Electric System Revenue Variable Rate Demand Certificates of Participation, 2002 Series A. ACTION ON ITEMS REMOVED FROM THE CONSENT CALENDAR (NOTE: The following items were heard and discussed out of order.) E-10 "Approve the use of a privately owned and maintained drainage basin to meet the storm drainage needs of existing and future development on parcels located at 333 South Lower Sacramento Road (APN 027-040-04) and 617 South Lower Sacramento Road (APN 027- 040-35) until public storm drain facilities are available" NOTE: Due to a potential conflict of interest stemming from his employment with Farmers and Merchants Bank, Council Member Land abstained from discussion and voting on this matter. MOTION / VOTE: The City Council, on motion of Council Member Nakanishi, Hitchcock second, approved the use of a privately owned and maintained drainage basin to meet the storm drainage needs of existing and future development on parcels located at 333 South Lower Sacramento Road (APN 027-040-04) and 617 South Lower Sacramento Road (APN 027-040-35) until public storm drain facilities are available. The motion carried by the following vote: Ayes: Council Members — Hitchcock, Howard, Nakanishi, and Mayor Pennino Noes: Council Members — None Absent: Council Members — None Abstain: Council Members — Land E-9 "Adopt resolution authorizing the City Manager to sign assurances to San Joaquin Council of Governments for Lodi Lake Bicycle Path Project (Phase II)" PUBLIC COMMENTS: oo Bob Johnson, speaking on behalf of the Parks and Recreation Commission, encouraged Council to find other funds to replace the $163,000 grant for the Lodi Lake Bicycle Path that has been transferred to another project. Mayor Pennino stated that at a previous Shirtsleeve Session staff was given direction to backfill the funds. MOTION / VOTE: The City Council, on motion of Council Member Land, Howard second, unanimously adopted Resolution No. 2002-16 authorizing the City Manager to sign assurances to San Joaquin Council of Governments for Lodi Lake Bicycle Path Project (Phase II). Continued January 16, 2002 F. COMMENTS BY THE PUBLIC ON NON -AGENDA ITEMS None. G. PUBLIC HEARINGS None. H. COMMUNICATIONS H-1 Claims filed against the City of Lodi — None H-2 Reports: Boards/Commissions/Task Forces/Committees — None H-3 The following postings/appointments were made: a) The City Council, on motion of Mayor Pro Tempore Hitchcock, Land second, unanimously made the following appointment: San Joaquin County Mosquito and Vector Control District Jack Fiori Term to expire December 31, 2005 H-4 Miscellaneous a) Monthly Protocol Account Report through December 31, 2001 REGULAR CALENDAR 1-1 "Authorize the City Manager to negotiate a lease for the New Shanghai Restaurant property, 100 East Pine Street" Dennis Callahan, Fleet and Facilities Manager, reported that the New Shanghai building at 100 East Pine Street was donated to the City by the Donald Wong family with the stipulation that the facility be used for the benefit of the citizens of Lodi, preferably seniors or youth, and that it not be demolished for a period of at least ten years. Through a previous Request for Proposals (RFP) process an organization was awarded the building; however, it was unsuccessful in obtaining funding necessary for tenant improvements. Last November the lease was terminated and staff reissued an RFP. Proposals were received from Lodi Adopt -A -Child Foundation and the Community Partnership for Families of San Joaquin. Adopt -A -Child is a local non-profit corporation whose purpose is to provide direct assistance to Lodi's underprivileged youth. The Community Partnership is a non-profit countywide organization that works with a wide range of public and private partners to build financially self-sufficient families and ensure the academic success of children and youth. Staff reviewed the proposals with a public committee. Bob Johnson, speaking on behalf of the public committee, stated that five out of six individuals serving on the committee felt that Community Partnership was a much stronger candidate due to its financial strength, commitment, and ability to share and accommodate multiple groups. Mr. Callahan continued his report noting that the Shanghai building has 5,650 square feet on the first floor and 1,480 square feet in the basement. Adopt -A -Child's lease proposal term was for a period of 20 years. They intend to make $200,000 of improvements to the facility dependent upon a loan. Community Partnership has 21 full-time staff and 4 part- time staff. Their proposal was for a ten-year term with an option to renew for an additional ten years. The Partnership's proposal stated that it would make $302,000 of improvements to the facility and add $120,000 of furnishings. 0 Continued January 16, 2002 Phyllis Grupe, Community Partnership, stated that the organization is approximately four years old and was developed from the San Joaquin A+ movement. The goals of the Partnership are greater access for services for at -risk families, to improve school readiness and success, to create financial independence in neighborhoods by creating grassroots leadership, and to create a stronger community and safer neighborhoods for families. She concluded by noting that the Partnership would be willing to work with Adopt -A -Child to provide areas for its meetings. In reply to Council Member Land, Ms. Grupe stated that the Partnership has looked at other potential sites including Lincoln School and a building that was previously a church. In answer to questions by Council Member Howard, Ms. Grupe stated that the Partnership's 21 staff members were compensated. She indicated that many of the partnering agencies associated with the organization were government agencies; however, it also partnered with community-based organizations as well as businesses, schools, and health entities. Council Member Nakanishi commended the Partnership for starting clinics at Lawrence and Heritage Elementary Schools. Dennis Lewis stated that Lodi Adopt -A -Child Foundation is completely supported by donations, it receives no public funds, and has an all -volunteer staff. It plans to start two Boy Scout and two Girl Scout units as a gang alternative program. Adopt -A -Child has offered to share the Shanghai building space with Community Partnership; however, he noted that the Foundation needs a large amount of space particularly during the Christmas season. In reply to Council Member Land, Mr. Lewis stated that Adopt -A -Child has looked at other potential sites including the Fisco building, Methodist church, a building that previously housed Lodi Avenue Liquors, and a building on Sacramento Street. Council Member Nakanishi questioned the feasibility of allowing each organization to have half of the Shanghai building, to which Mr. Lewis believed it would not work because from October through January Adopt -A -Child needs space for 3,000 gifts and 400 bicycles as part of its Christmas program. Addressing Community Partnership, Council Member Howard asked how changes in government funding impact its priorities. Stewart Wakeling replied that the Partnership works with eight to ten government agencies and 15 private agencies. It has become adept at responding to government mandates, mixing funds, and shaping government to make it more responsive to the needs of children and families. all 31[9ZK6]i•Ii•I:10103 The following individuals spoke in support of Lodi Adopt -A -Child Foundation: co Martin Church 00 Nancy Lauchland 00 Dora Garcia 00 Donnie Garibaldi co Eddie Aguirre co Linda Huffman co Stan McFadden 00 Rad Anderson co Angela Nicolini 00 Nancy Brakensiek Continued January 16, 2002 The following individuals spoke in support of Community Partnership for Families of San Joaquin: co Tariq Din 00 Francisco Trujillo NOTE: Mr. Trujillo distributed to Council copies of a petition signed by 71 individuals supporting the Partnership. oo Jose Mujica 00 Paul Castro 00 Robina Asghar oo Wendy Mujica oo Jose Mujica, Jr. oo Jeff Thompson 00 Misty Worthy, a Headstart teacher, stated that both organizations are needed in Lodi and hoped that they can share the Shanghai building. 00 Mamie Starr, Assistant Superintendent of Facilities for Lodi Unified School District, reported that the District is moving forward with developing the Lincoln School site for housing its Regional Occupation Program (ROP). Renovation of Lincoln School was included in Measure K, which will be before the voters in March. Federal funding is also being sought, which will have a provision that the site be used for a career -type program and facility renovation. She indicated that the ROP would occupy all of the space that is anticipated to be renovated. There have been discussions with the Library for a satellite operation at the site, dependent upon its ability to obtain funding. Public Comments Closed Mayor Pennino asked Council to consider a shared facility for both organizations. Council Member Howard did not believe that co -use of the building was feasible, as both are growing organizations and each would need the entire space. She felt the decision is based upon whether Council will support an organization that is run solely by the spirit and people of the community through volunteer efforts, or whether it will support funding programming and policy driven by other agencies. She encouraged Community Partnership to work with Lodi Unified School District due to the similarity of their programs. She noted that after school programs are also available through the Lodi Boys and Girls Club and the Parks and Recreation Department. Ms. Howard declared that she was in total support of Lodi Adopt -A -Child Foundation occupying the Shanghai building. Council Member Land drew a parallel between the Community Partnership for Families programs and the adage, "Give a man a fish and he eats for a day. Teach a man how to fish and he will eat for a lifetime." He stated that home ownership is a priority in the community and felt that the Partnership's collaborative efforts could make it a reality for many families. He informed Mr. Lewis that there may be temporary housing available for Adopt -A -Child at a site associated with the Salvation Army, and a permanent location has been offered by Joe Handel. He expressed hope that both organizations could overlay their services; however, he supported awarding the Shanghai building lease to Community Partnership for Families as the lead agency. Council Member Nakanishi voiced support for awarding the lease to Lodi Adopt -A -Child and based his decision on a desire to help children and to provide assistance to the organization with the greatest financial needs. Mayor Pro Tempore Hitchcock disclosed that her husband serves on the board of Lodi Adopt -A -Child. As the principal of Clairmont School she works with the West Lane Collaborative, which is associated with the Community Partnership. She recognized Adopt - A -Child's financial needs and felt that the Partnership would be more likely to obtain funding 3 Continued January 16, 2002 for another location for its organization. She recommended that this matter be deferred two weeks to allow both organizations an opportunity to discuss the possibility of sharing the Shanghai building. Council Member Howard reiterated her support of Lodi Adopt -A -Child based on the input and needs of the community. She pointed out that the Council has an opportunity to give, as they were given, a building to the community. She urged Council to take a stand and make a decision tonight. In reply to Mayor Pro Tempore Hitchcock, Mr. Lewis indicated that there was insufficient space in the Shanghai building to serve the needs of both organizations. Ms. Grupe stated that the Partnership is willing to work with Lodi Adopt -A -Child in whatever capacity is practical and agreed to meet and discuss the possibility of sharing the building. Council Member Land stated that he was ready to make a decision tonight; however, he would agree to defer the matter to the next regularly scheduled meeting on February 6, 2002 to allow an opportunity for the two organizations to meet. Mayor Pro Tempore Hitchcock indicated that communication between the organizations may be more candid at their meeting without the presence of the City Manager. Council Member Howard felt that Lodi Adopt -A -Child and the Community Partnership are two different programs and should reside in two different buildings within the City. She expressed disapproval with Council deferring the matter in an effort to avoid making a difficult decision. Council Member Nakanishi believed that both organizations should meet with the Mayor and City Manager. MOTION/ VOTE: The City Council, on motion of Council Member Land, Hitchcock second, voted to table the subject matter until the February 6, 2002 City Council meeting. The motion carried by the following vote: Ayes: Council Members — Hitchcock, Land, Nakanishi, and Mayor Pennino Noes: Council Members — Howard Absent: Council Members — None 1-2 "Approve Legislative and Priority Projects/Issues for State and Federal Advocacy" Deputy City Manager Keeter reviewed a list of issues for state and federal advocacy that Council developed during a Shirtsleeve Session on January 8. She stated that the goal this evening should be to identify two priority projects to forward to the San Joaquin Council of Governments for its "One Voice" visits to Sacramento and Washington, D.C. Discussion ensued regarding the San Joaquin Council of Governments (COG) "One Voice" purpose and process. In reference to discussion pertaining to housing solutions, Community Development Director Bartlam explained that COG is the state designated regional agency for the distribution of housing needs. Throughout the balance of the spring and into the summer, discussions will be taking place at the COG level on how to divide what the state believes the county's regional housing needs are. That will produce at various income levels, what Lodi's target for housing production is for the next six years and will be the basis for the housing element. The first step in updating the housing element is to work through the COG to understand what Lodi's regional housing needs are. Then it will be an internal 7 Continued January 16, 2002 community process to define what the community's needs are, what the future housing desires are, and how it will be accomplished. The state will dictate certain minimum thresholds and City's housing program requirements. Mr. Bartlam noted that there is a joint legislative committee on the House and Senate side dealing with housing element issues. MOTION #1 / VOTE: The City Council, on motion of Council Member Land, Howard second, unanimously voted to forward the following priority projects/issues for state advocacy to the COG: 1. Stabilization of funds (i.e. maintaining the Vehicle License Fee backfill and supporting the restoration of ERAF to cities) 2. Funding the Lodi Animal Shelter project 3. Water rights and storage facilities (i.e. supporting the Woodbridge Irrigation District Restoration Project) 4. Maintaining local control (i.e. of municipally owned utilities, etc.) MOTION #2: Mayor Pro Tempore Hitchcock made a motion to add "funding the Lodi Indoor Sports Facility" to the above list. The motion died for lack of a second. In response to Mayor Pennino, Parks and Recreation Director Baltz confirmed that staff will continue to look for grant funding for the Indoor Sports Facility, as well as other projects. MOTION #3 / VOTE: The City Council, on motion of Council Member Nakanishi, Land second, unanimously voted to forward the following priority projects/issues for federal advocacy to COG: 1. Funding for railroad track safety improvements 2. Funding for wastewater treatment plant 3. Funding for State Highway 12 improvements for operations and safety 1-3 "Discussion of Council Appointee compensation and benefits — City Manager, City Attorney, and City Clerk (Government Code §54957)" Mayor Pennino reported that over the past month the Council has conducted oral and written evaluations of the City Manager, City Attorney, and City Clerk. A salary and benefit survey of other cities has been done. He commented that the individuals serving in these three positions have exceeded the expectations of the Council. Council Member Nakanishi expressed his opinion that each individual had been doing excellent work. Council Member Howard stated that she enjoyed working with the City Manager, City Attorney, and City Clerk during the past year, thanked them for their direct answers to questions, and looked forward to working with them in the future. Council Member Land addressed the City Manager and stated that his overall performance rating was excellent, he admired his financial expertise, keeping the Council informed, and believed that more had been done in the last six years than has occurred in the past twenty years. Addressing the City Attorney, he voiced appreciation for his hard work and dedication, maintaining open communication with the Council, and for being available by phone during absences from the office. He expressed hope that the PCE/TCE litigation would be completed by the end of the year. He noted that the City Clerk was hired one and a half years ago and has done an outstanding job. He commented on her suitability for the position due to her ability to remain "behind the scenes" and yet ensure that a great number of responsibilities are accomplished. Continued January 16, 2002 Mayor Pro Tempore Hitchcock addressed the City Clerk and noted that she has set high standards her for office, is very professional, efficient, and has demonstrated initiative. In reference to the City Attorney, she appreciated his sense of humor, admired his intellect, and believed that he had the best interest of the City at heart. Addressing both the City Attorney and City Manager she also mentioned that she would like to see the PCE/TCE litigation resolved quickly. She voiced admiration for the hard work and dedication that the City Manager has demonstrated, as well as his excellent community vision, and emphasis on quality of life issues such as the Art in Public Places policy. She noted their difference of opinion related to long-term debt and encouraged him to work with the League of California Cities to stabilize City revenues. Mayor Pennino remarked about the excellent and dedicated department heads in the City, and exceptional Deputy City Manager. He noted that the salary increases being recommended for the City Manager, City Attorney, and City Clerk would still not result in any of the positions reaching the mean salary on the survey. MOTION #1: Council Member Land made a motion, Hitchcock second, to adopt Resolution No. 2002- 17 approving the salary increase of 4% for the City Manager, effective the next full pay period. DISCUSSION: Council Member Howard stated that she would have been an advocate for a 4.5% increase due to the large number of projects and good job that the City Manager has done in overseeing processes. VOTE: The above motion carried by a unanimous vote. MOTION #2 / VOTE: The City Council, on motion of Mayor Pro Tempore Hitchcock, Land second, unanimously adopted Resolution No. 2002-18 approving the salary increase of 41/10 for the City Attorney, effective the next full pay period. MOTION #3 / VOTE: The City Council, on motion of Mayor Pennino, Hitchcock second, unanimously adopted Resolution No. 2002-19 approving the salary increase of 9.75% for the City Clerk, effective the next full pay period. VOTE TO CONTINUE WITH THE REMAINDER OF THE MEETING The City Council, on motion of Council Member Land, Nakanishi second, unanimously voted to continue with the remainder of the meeting following the 11:00 p.m. hour. J. ORDINANCES J-1 Ordinance No. 1708 entitled, "An Ordinance Of The Lodi City Council Amending The Official District Map Of The City Of Lodi And Thereby Rezoning 314 And 322 West Locust Street (APN 037-020-11) From REA, Single -Family Residential Eastside To RCP, Residential Commercial Professional' having been introduced at a regular meeting of the Lodi City Council held January 2, 2002 was brought up for passage on motion of Council Member Land, Hitchcock second. Second reading of the ordinance was omitted after reading by title. E Continued January 16, 2002 DISCUSSION: Council Member Howard explained that she would not be voting in favor of the ordinance because she believed that it would be most appropriate for the zoning to remain residential. Rezoning the property allows for unknowns related to what types of services would be occupying the site. VOTE: The ordinance was then adopted and ordered to print by the following vote: Ayes: Council Members — Hitchcock, Land, Nakanishi, and Mayor Pennino Noes: Council Members — Howard Absent: Council Members — None Abstain: Council Members — None K. COMMENTS BY CITY COUNCIL MEMBERS ON NON -AGENDA ITEMS oo Council Member Land noted that he had received an e-mail from Dustin Hall regarding a $1.2 billion industry clean-up bill; Kristi Fernholz visited the City's Web site and asked for a copy of Lodi's vision statement; and an individual had suggested placing restrictions on wood burning stoves in an effort to improve air quality. Mayor Pennino replied that he had also received the communication regarding wood burning stoves and had advised the individual to contact Supervisor Sieglock who represents this area on the San Joaquin Valley Air Pollution Control District. Council Member Land announced that the Local Agency Formation Commission (LAFCO) would be conducting a workshop on January 25 to review changes in LAFCO law. 00 Mayor Pro Tempore Hitchcock recommended that a policy be developed on handling e-mail that is sent to the Council. oo Council Member Nakanishi noted that he had a booklet from Fitch, a rating agency, which provides excellent information about Lodi. L. COMMENTS BY THE CITY MANAGER ON NON -AGENDA ITEMS oo City Manager Flynn stated that Dave Vacarezza has offered to donate property to the City, and staff will be making a recommendation to Council regarding this matter on an upcoming Council agenda. M. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 11:13 p.m. ATTEST: Susan J. Blackston City Clerk 10