Item 13 - Approval of Final Parcel Map for TPM 17204 - Subdivider: Delbert L. HughesT
FROM:
INITIATED BY:
AGENDA REPORT
CITY OF PO AY
Honorable Mayor and Members of the City Council
James L. Bowersox, City Mana
Alan D. Archibald, Director o Public Services
Ray J. Berryman, City Engineer
DATE: January 11, 1983
SUBJECT: Approval of Final Parcel Map for Tentative Parcel Map
TPM 17204 - ` Subdivider: Delbert L. Hughes
BACKGROUND
This tentative map proposes to divide 117 acres of land into four parcels
located along the westerly side of Old Coach Way south of Highland Valley Rd.
(Exhibit A). The parcels are to be approximately 17, 25, 34, and 41 acres in
area.
This tentative map was approved by the City Council on July 14, 1981. The
eighteen -month period for this map will expire on January 14, 1983.
The final map has been checked .and is in substantial compliance with the
approved- tentative map and is technically correct. A11 conditions of the
tentative map have been met. The required Offer of Dedication for Old Coach
Way has been made by certificate on the map. A covenant has been executed
deferring the private road improvement, water storage facilities, bridle
trail construction, and school mitigation fees (Exhibit B). All other required
fees have been paid.
The owner has paid his fees under protest. He has submitted a letter
(Exhibit C) in which he protests the fees, and other conditions, which were
imposed when the tentative map was approved in July of 1981. Since the
statutory time in which to file a protest or appeal on these conditions has
long since passed, it is recommended that themap be given final approval only
if the owner withdraws the letter of protest andconsents to the conditions as
originally set forth.
ACTION
1 of 17
1983
IN
-AGENDA REPORT - January 11 1983
Approval of Final Parcel Map for Tentative Parcel Map
TPM 17204 - Subdivider; Delbert L. Hughes
Page 2
FINDINGS
The final.map for TPM 17204 has been checked, is in substantial compliance with
the approved tentative map`, and is technically correct. .All other conditions,
have been'- met* The owner has protested his payment of fees and certain other
E;
conditions of tentative map approval.
RECOMMENDATION
It is recommended that the, :City Council reject the Offer of Dedication for
Old Coach Way (making the dedication an `Irrevocable 'offer of Dedication) and
x:
- authorize `the City;Engineerto approve and sign the final map, and Improvement
Covenant for TPM 17204 and direct their. recordation, subject to the owner
'(l) formally withdrawing his letter of protest, and (2) his consent to the
conditions of approval as setforth in the Notice -of : Approval for TPM-: 17204,
dated July 14, 1981, all in a form approved by', Cit Attorney.
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Attachments:
1. Exhibit A - Vicinity/Parcel Map
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2 . Exhibit B -' Covenant
3., Exhibit C-- Letter, of Protest
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JAN 111983 ITEM -1
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Recording Requested By: )
CITY OF POWAY )
When Recorded Mail To: )
Buck, McCarty and 'Associates D
139 E. Third )
Escondido, CA 92025 )
)
) Recorder's Use Only
APN 276-140-03
TPM 17204
s.=
COVENANT OF ROAD IMPROVEMENTS,
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WATER STORAGE FACILITIES,` AND SCHOOL MITIGATION FEES
'WHEREAS Delbert.L Hughes, a married man as his sole and separate
property; is owner of the following described property:
(SEE EXHIBIT 11A" ATTACHED HERETO)
and-
, owner seeks approval for a division of land Of- said
having filed Tentative Parcel Map No. 17204 which was agproved
property
by tho Drector,Department of Planning and Land Use, City of. Poway. r;
`
on .July 14, 1981, which division of land will cause additional burdens
on the City of Poway; and
WHEREAS, City of Poway is empowered to prevent:said division'
.the
Of..'land, or to.deny or withhold its consent to the progosed division
of land, as thezcase may be, until the owner provides such imgrove-
ment and -/or pays such fees, as will alleviate such burdens, and/or
into covenant with the City "o£ Poway respecting
until owner enters a
such improvement or payment of, fees; and
A;
WHEREAS, these requirements are reasonable conditions to the
granting of approval of said division of land by the City of Poway;
and
WHEREAS- it has not been conclusively and authoritatively
'
determined that the owner has the legal right to increase the burden
to the needs of the
upon the. servient tenement(s) sufficient satisfy
proposed subdivided lots; and
-
WHEREAS, in lieu of the immediate installation of road improve-
of mitigation'
ments, water storage facilities and/or payment school
fees, it, is the desire and intention of the owner to impose upon the
real property described above the covenants set forth hereinafter;
Exhibit B -TPM 17204 JAIL 1 1-83 ITEM
4 of 17
NOW, THEREFORE,
The owner hereby agrees and declares that all the real property
described above is held and shall be held, conveyed, hypothecated or
encumbered, leased, rented, used, occupied and improved subject to the
following covenants, which shall run with the land and shall be binding
upon all parties having or acquiring any right, title, or interest in
the described real property or any part thereof;
The following condition, as required by. the notice of approval
must be complied with prior to the issuance of a building permit or
other grant of approval for the development, including further division
for any parcel created by the Parcel Map.
(See Exhibit "B")
The following condition, as required by the notice of approval,
must be complied with only on the particular parcel for which a
building permit is sought.
(See Exhibit "C")
The following condition, as required by the notice of approval,
must be complied with on a parcel -by -parcel basis.
(See Exhibit "D")
The owner and all parties having or acquiring any right, title
or interest in the above described real property agree to refer to,
and incorporate by reference, the foregoing conditions in all instru-
ments of conveyance of all or any portion of said real property until
releases of said conditions -have been properly._ _executed- and. recorded.
IN WITNESS WHEREOF, the undersigned has executed this agreement
this47,2144 day of1982.
Acknowledged:
Ray J Berryman, City Engineer
5 of 17
4e1
D ERT L. HUG
S
(Signature must be notarized)
JAN 11 1983 ITEM
STATE OF ' CALIFORNIA
On this - 4 l? r 'De -C.,12-1.5..:14-12-12.'" _ .L9 . = b f c' a flit• , t h
under�si9ried, a hlrtarr F�ublic in and4 eW said Courrt'y. and State
•
F�er's*pal,i), a , eared _.D.e.L ± _...L..✓ ..A6i9. .........•............................ wpm
per.sorlaily known to the or pr oved to me ori the basis of rata sfa,;:t4-otrv:
evidence to be the per•sori (s) whose rtalilee ( s ) __. subscr-ibed Co this
i.rtstr umerit. arid ackrsowled9ed to me that executed the valve..Mi. OMB
WITNESS my hand and o44 tial seal.
OFFICIAL SEAT•
MICHELE c . PASC O
NoTAsy Pi D{GGO UCiTY
My Ga6Asmen; 1:1res NtarcCOk 23..1986
7 of 17
EXHIBIT" "A"
Legal Description
•
Parcel IA
That portion of the East Half of the Northeast Quarter of Section
18, and that portion of the East Half of the Southeast Quarter
of Section 7, and that portion of the East Half of the Northeast
Quarter of Section 7, and that portion of the Southwest Quarter
of the Northwest Quarter of Section 8, and that portion of the
Southwest Quarter of Section 8, all in Township 13 South, Range 1
West, San Bernardino Meridian, in the County of San Diego, State of
California,`according`to Official Plat thereof, said portions
being described as a whole as follows:
BEGINNING at the Northwest corner of the East Half of the Northeast
Quarter of said Section 18 as shown on Record of Survey map
7929 filed in the Office of the County Recorder of ,said County,
thence South 00°33'37" East along the_Westerly line of; said East
Half, a distance of 454.03 feet to a point in the arc of a nontangent
1000.00 foot radius curve concave Southeasterly, a'radial_line of
said curve bears North 64°57'26" West to said point; thence North-
easterly along the arc of said curve, through a central angle
of 01°58'41" a distance of 34.52, feet; thence tangent to said curve,
North 27°0.1'15" East 601.35 feet to the beginning of a tangent
?00.00 foot radius curve concave Southeasterly thence Northeasterly
along the arc of said curve, through a central angle of 3° 19' OI94
a distance of '116. 0 feet_;.. thence tangent_ to said curve North 60°
2(3'15" East 130.20 feet to the beginning of a tangent 200.00 foot
radius curve concave Southeasterly; thence Northeasterly along the
arc of said curve, through a central angle of 26°03'37" a distance
of 90.97 feet; thence tangent'to said curve North 86°23'53" East
22.72 feet to the beginning of a tangent 300.00 foot radius curve
concave Northwesterly; thence Northeasterly along the arc of said
curve, through a central angle of 38°49'32" a distance of -203.29
feet; thence tangent to said curve North 47°34'21" East 573.52
feet to the beginning of a tangent 700.00 foot, radius curve. concave
Northwesterly thence Northeasterly along the arc of said curve
through a central angle of 23°30'43" a distance of 291.32 feet;
thence tangent to said curve North 23°43'38" East 400.37 feet to
the beginning of a tangent 300.00 foot radius curve concave south-
easterly; thence Northeasterly along the arc of said curve, through
a central angle of 26°05'56" a distance of 136.65 feet; thence
tangent to said curve, North 49°49'35" East 336.87 feet to the
beginning of a tangent 100.00 foot radius curve concave Northwesterly;
thence Northeasterly along the arc of said curve through a central
angle of 27°52'10" a distance of 48.64 feet; thence tangent to
said curve North 21°57'25" East 125.21 feet; thence North 29°19'12"
East 220.27 feet to the beginning of a tangent 100.00 foot radius
curve concave Westerly; thence Northerly along the arc of said
curve, through a central angle of 49°33'56" a distance of 86.51
feet; thence tangent to said curve North 20°14'45" West 43.44 feet to
JAN 11 1483 ITEM 13
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(Parcel 1A co/
the beginning of a tangent 150.00 foot radius curve concave.
Easterly; thence Northerly along the arc of said curve, through
a central angle of 51°14'20" a distance of 134.14 feet; thence
tangent to said curve North 30°59'35" East -75.10 feet; thence
North'48°40'31 West 206.60 feet to the beginning of a tangent
100.00 foot radius curve concave Northeasterly; thence Northwesterly
along the arc of said curve, through a central angle of 34°28'00"
a distance of 60.16 feet; thence tangent to said curve North
14°12'31" West 19.38 feet to the beginning of a tangent 100.00
foot radius curve concave Southwesterly thence Northwesterly
along the arc of said curve, through a central angle of 46°21'55"
a distance of 80.92 feet; thence tangent to said curve North
60°34'26" West 76.29 feet to the beginning of a tangent 150.00
foot radius curve concave Northeasterly; thence Northwesterly
along the arc of said curve, through a central angle of 50°33'51"
a distance of 132.36 feet; thence tangent to said curve, North
10°00'SS" West 181.39 feet to the beginning of .a tangent 300.00
foot radius curve concave Easterly; thence Northerly along the
arc of said curve through a central angle of 23°34'28" a distance
of 123.44 feet; thence tangent to said curve North 13°33'33" East
239.19 feet to the beginning of a tangent 200.00 foot radius
curve concave Westerly; thence Northerly along the arc of said
curve, through a central angle of 19°11'57" a distance of 67.02
feet; thence tangent to said curve, North 05°38'24." West 6.10 feet
to the beginning of a tangent 200.00 foot radius curve concave
Easterly; thence Northerly along the arc of said curve 'through a
central angle of 22°53'59" a distance of 79.94 feet; thence tangent
to said curve North 17°15'35" East 193.34 feet to the beginning
of a tangent 200.00 foot radius curve concave Westerly; thence
Northerly along the arc of said curve, through a central angle of
26°55'30" a distance of 03.99 feet; thence tangent to said curve,
North 09°39'56" West 102.54 feet; thence South 55°30'00" West
1286.38 feet; thence North 76°32'32" West 757.54 feet to the Westerly
line of the East Half of the Northeast Quarter of said Section 7;
thence along said Westerly line, South 00°38'15" West 591.47 feet.
to the Southwest corner of said East Haif; thence along the Westerly
line of the East Half of the Southeast Quarter of saidSection7,
South 00°01'39" East 2675.17 feet to the Northwest coiner of the
East Haif of the Northeast Quarter of said Section 18 and the
POINT OF BEGINNING.
JAN 11 1983 ITEM
8 of 17
EXHIBIT
11B II
The following condition, as required by the notice of approval,
must be complied with prior to the issuance of a building permit or
other grant of approval for development, including further division,
for any parcel created by the Parcel Map.
D
D. ROAD IMPROVEMENTS (Private)
1. The private easement roads from Parcels I, 2, 3, and .4 and
from the land division to the nearest publicly maintained
road shall be constructed within the easements Offsite
Roads shall be graded and well -drained roads with surfacing
equal to or better than three inches (3") of decomposed
granite having a minimum.S.E. of 25 and having a minimum
surfaced width equal to or greater than that determined by
cross slope as set forth in the Grading Standards under
Section 81.706(c) of the County Code. All on-site roads
(grades over 15% are not allowed) must have bituminous
treatment. The surfacing shall, consist of 3" of acceptable
D.G. treated with a road oil mix, 2" of cold mix or 2" of
hot mix bituminous.' material. All fill must be compacted to
90%.
Old Coach Way shall have a graded width of 34 feet which will
provide for a 20 foot raved area and a 10 foot shoulder for
horse trail purposes.
Dip sections and culverts shall be designed by a registered
civil engineer to handle a 15 -year storm. Dip sections shall.
be,, designed for a maximum water depth of 10" based on a 1: -
Year storm and the formula "Depth in feet X velocity in feet
per second is equal to 6 or less.". A sketch of the dip section
showing the above dimensions and the calculations shall be
submitted with the deposit noted below.
The entire -dip area must have a concrete slab with a mini-
mum . width of 2 feet wider than the required graded width but
no wider than the required easement, 6" thick, 5-h sacks of
cemet per cubic yard and 10 X 10 X #9 wire mesh. Cutoff walls,
6" wide and 2' deep, on both upstream and downstream sides
of the dipand along the entire length of the dip are required.
Cold mix may be used if the flow is less than 5 cfs. and the
velocity is less than 2 fps., A.C. hot mix may be used if
the flow is less than 20 cfs. and the velocity is less than
5 fps.
A registered civil engineer shall prepare and submit a sketch
of the private easement road lmprovements to the Department
of Public Works. The sketch shall show the graded width
required, all drainage improvements with their approximate
locations, signed calculations and a copy of a 200 scale topo
map with the drainage' areas outlined.
A deposit of $300.00, two prints of the Tentative Parcel Map
and a copy of the final Notice of Approval will be forwarded
to the County Department of Public Works along with above sketch
and any drainage calculation. The deposit is to cover the cost
9 of 17
JAN 13 1983 ITEM 13
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of a County inspection of the required private easement Dea-
reimburse the County art
E
improvements. The applicant shall
ment of Public Works for any costs in excess of the depoe d
i
prior to recording of the Parcel Map or prior to the recording
Any unused portion of the deposit
0 f the Notice of Completion.
will be returned. -
red civil engineer ora licensed land survey®r shallP, registe "The private easement roads
provide a signed statement that:
3 and 4 and from the -land division tothe
rte Parcels. 1, 2,
from
nearest publicly maintained road are constructed within
easements."'
radio permit will be required prior to commencement of the
A grading P of.Section 87.201
• grading if the grading meets the criteria
Code. The above sketch and $300.00 deposit will
of the County
not be required if a grading permit its obtained.
f
A permit .Shall be obtaartment of Public Works
ined from the'Dep
public righ�
for' the improvements to be made within ,the
cite
the private easement road to A
`4
way. The c®nnecton of
road will have to match the construction of the City road.
issuing agency, that
co of the permit and evidence from the
all requirements of the permit have been met, shall be
Engineer's
-submitted to the Department of Public Works.wth the
of Surveyor°s statement.
p
I7. Horse trails shall be constructed within the road right-
of -way for Old Coach Way.
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win conditon.,,as required by the notice of app roval,`
The follo g
lofta rarcelacreated
. dust be COMP with at*such tme,as
developmentP
.'
strutted 'in conjunction hath
by this map.
I5 . The subdivider shall enter into a private road maintenance
form by the Poway Council
agreement in the adopted
as called for Resolution 99 or other rov dec1 by
thform e
City of •Potaay.
the subdivider j1hich is satisfactory to
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10 of 17 JAN 111983 ITEM 13
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EXHIBIT "C"
31
The following condition,
as required by the notice of approval,
VI only on
must be compl ed:
the particular parcel for which ab ilding
permit is sought.
�. FIRE.PROTECTION
An app water storage
facility and fire department connection
shall be installed in accordance with the specifications of the
Posy Department of. ;public Works and County Saandards on each parcel.. `
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JAN 1 l IQ. !T E W 13
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The following condition, as required by the notice of approval,
must be complied with on a parcel -by -parcel basis.
I-4.. School mitigation fees, or equivalent, will be imposed at
the time of issuance of building permits, or close of escrow
if the property is sold, or in six months, whichever is
sooner. Fee will be paid at>the°,then current rate.
PRIVATE EASEMENT ROAD CERTIFICATION
I hereby certify the offsite private easement road providing
access to Tentative Parcel Map 17204 can be constructed i n-
cluding'slopes and drainage structures within the easement
described in Parcels 2B and 3B in the deed from Warren W.
Hamilton, an unmarried man to Delbert L. Hughes recorded
March 9, 1981, in File/Page 81-070400 to the standards re-
quired by the City of Poway per Section 81.706 of the County
Code as interpreted this date.
I have visually inspected said easement and in my profes-
sional judgment, said improvements can be made without
having a substantial impact upon the existing character or
use of the underlying and surrounding land.
In making this statement, I do not. certify that said road
will be constructed to the above County Standards, but only
that it can be so constructed utilizing currently acceptable
engineering stardards
Wayne =Pasco
RCE 29577
December 22, 1982
City Council x
City of Poway
P.O. Box 785
Poway, CA.92064
Re: -Protest of Fees and Conditions for 'TPM 17204
Dear Mayor and Councilmembers:
Protest is hereby made to 'the following feesand conditions
imposed by the City o£• Poway on TPM 17204 (Final Notice of
Approval 'dated July 14, 1981)
I. Fees to Which the Subdivider Takes Exception and the.
Authority for Such Exception:
A. Bridge and Major Thoroughfare Construction
Fees Condition C.;) :
These fees are excepted to on the basis that
such fees have `been imposed in contravention of
Government Code Sections 66484, 6641L.1� 36933,
36934, and 66411.
B. Drainage Fees [Condition I (6) I
These fees are excepted to on the basis that such
fees have been imposed in contravention of
Government Code Sections 66484,r 66411.1, 36933,
36934 and 66411.-
6411.C.
C.Parkland Fees' [Condition 1 (3)
These fees are excepted to on the basis that such
fees have been imposed in contravention of
Government Code Sections 36933, 36934, and 66410
et. seq. and in contravention o£ the City's
own Regulatory.Code provisions.
Although such fees will be paid to meet the conditions
of -approval of TPM 17204, the payment is done under protest
with a reservation of rights as to any future legal remedies
I may wish to assert in order to obtain a refund of such fees..
II.. Conditions to Which the Subdivider Takes_ Exception
and the Authority for Such Exception:
A. Private Road Improvements (Condition D)
This condition is excepted to on the basis that
such improvements have been imposed in contravention
of Government Code Sections 3`6933, 36934, 66410,
Exhibit C et. seq., 66411 and 66411.1.
JAN 111983 ITE 1
14 of 17
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City Council
u _ City of Poway
P. 04 Box 785
Poway, CA 92064 _
B. Road Maintenance Agreement [ Condition I (5) 1 :
This condition is excepted to on the basis
that such an -agreement has been imposed on
contravention of Government Code Section
36933, 36934, 66410,- et seq., 66411 and 66411.1.-'
C. School District Agreements [Condition I(4)1:
By letter dated November 29, 1982, the Poway
Unified School District confirmed hat it
does not assess developers for school fees
for land 'divisions` of.A parcels or less.
Pursuant to said letter, an agreement with
the District for; the payment of fees is not
re uq iced for TPM 17204..' A`covenant state-
ment;by which Condition I-4.is agreed to
be performed in the future ;is only acceptable
to the extent that the City of -Poway complies
with Government Code Sections 65970 through
65981 in requiring in lieu fees.
Althou h such conditions will be
4 met, or a "Covenant
of Improvements`," as required by the Final .Notice o Approval,
will be 'executed and recorded; such compliance is done
under protest with a reservation of all rights as to any
future legal remedies I may wish to assert in order to
set aside such conditions.
Very truly yours,
Delbert L. Hughes
i
D■.H:bb
cc: Jim Bowersox
City Manager
JAN 111981 ITEM 1
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December 22, 1982
City Council
City of Poway
`P. 0. Box 785'
Poway, CA 92064
Re: Protest of Fees and Conditions for TPM 17204
Dear Mayor and Counclmembers:
Protest is hereby.made to the following fees and conditions
ks
imposed by the City of Poway on TPM 17204 (Final Notice of
'Approval dated.Ju1y.14, 1981):
I_ Fees to Which the Subdivider Takes Exception and the
F'
Authority for Such Exception:-
A. fridge and Major Thoroughfare Construction
Fees ; (Condition C .)
These fees are excepted to on the `basis that
such fees have been imposed in contravention
of Government Code Sections 66484, 66411.1,
36933, 36934, and `66411.
B. Drainage Fees [Condition I (6) ]
These fees are excepted to on the basis that
such fees'- have been imposed in contravention
of Government Code.Sections 66484, 6641"1:.1,`
36933, 36934 and 66411.
C. Parkland Fees [Condition 1(3)1:
These fees are excepted to on the basis that
r'
such fees have been imposed in contravention
of Government Code Sections 36933, 36934., and
66410 et. seq. and in contravention of the
City's own ;Regulatory;Code provisions.
Although such fees will be paid to meet the conditions
of approval of TPM 17204, the payment is done under protest
with a reservation of rights as to any future legal remedies
I may wish to assert in order to obtain a refund'of such
fees.
II. Conditions to Which the Subdivider Takes Exception
and the Authority for Such Exce]2tion:
A. Private Road Improvements- (Condition D);
This condition is excepted to on the basis that
such improvements have been imposed in contravention
of.Government Code Sections 36933, 36934, 66410,
et. seq., 66411 and 66411.1.
`.
JAN 1 1983 I T E M 1?
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} r' City, Council
Cit -.y of :Poway
P. D. Box 785
Poway, CA 92064
3. Road Maintenance Agreement [Condition I(5)l:
This condition is excepted to on.the basis
that such an agreement has been imposed on
contravention of Government Code Section
36933, 36934, 66410, et seq., 66411 and 66411.10.
C. School District Agreements [Condition1(4)-]:
By Letter dated November 29, 1982, the Poway
Unified School District confirmed that it
does not assess developers for,schoof fees
for land divisions of 4 parcels or less:
Pursuant`to.sad letter, an agreement with
the District. -for the payment of fees is not
required for TPM 17089. :A.covenant state -
went by which Condition I-4 is agreed .to
be performed in the future is only acceptable
' to the extent that the City of Poway complies
a
with-Government'Code Sections65970 through.
65981 in requuiring in lieu fees.
Although such conditions will. be met, or a ."Covenant .
of Improvements," as.required by the Final Notice of Approval,
will be executed and recorded, such compliance is. done
under protest with a reservation of,all`rights as to any
future egal remedies I may wish t'. assert -in order to
setas ide such.conditions*
Very truly yourso,
` Mabel Walters
Mw'hb
cc: Jim Bowersox
City Manager
JAN 11 1993 ITEM 13
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