HomeMy WebLinkAbout2021-69 CC ResolutionRESOLUTION NO. 2021-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE I-15/FRENCH
VALLEY PARKWAY IMPROVEMENTS — PHASE II
(CERTAIN REAL PROPERTY INTERESTS IN
CONNECTION WITH OUTDOOR ADVERTISING
STRUCTURES/BILLBOARDS IDENTIFIED AS SIGN
NUMBER 33321 AND SIGN NUMBER 33322, LOCATED ON
PORTIONS OF THE REAL PROPERTIES IDENTIFIED AS
APNS 910-060-002 & 910-060-004)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the
County of Riverside, State of California.
B. The City, in cooperation with the California Department of Transportation
("Caltrans"), seeks to construct the I-15/French Valley Parkway Improvements — Phase II ("Phase
II") to improve traffic congestion and improve safety and operational efficiency within the limits
of the French Valley Parkway Improvements Project ("Project"). The City completed Phase I of
the Project, which was designed to provide interim relief by widening the existing southbound off -
ramp at Winchester Road, construction of the southbound off -ramp at the French Valley Parkway
and construction of the westbound portion of French Valley Parkway between the new off -ramp
and Jefferson Avenue. As part of Phase II, the City proposes to construct a two-lane northbound
collector/distributor system along I-15 from the Winchester Road/I-15 interchange northerly on -
ramps to just north of the I-15/I-215 junction with connectors to I-15 and I-215. These
improvements seek to alleviate congestion on the I-15 at the I-215 junction where weaving occurs
as drivers choose between the I-15 and I-215 at the same time as they merge from Winchester
Road onto I-15 and to improve circulation along these routes. Pursuant to Cooperative Agreement
08-1667 between the City and the State of California by and through Caltrans ("Caltrans
Cooperative Agreement"), the City is the implementing agency for right of way and is responsible
for acquisition of the real property interests needed for Phase II. Caltrans is the lead agency under
the National Environmental Policy Act of 1969 ("NEPA") and the California Environmental
Quality Act ("CEQA").
C. Phase II is consistent with the Circulation Element of the General Plan,
which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will
require coordination with regional and State transportation planning efforts." (Circulation
Element, C-23). Phase II furthers Goal 2 of the Circulation Elements, which seeks to create a
"regional transportation system that accommodates the safe and efficient movement of people and
goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the
Circulation Element because it includes the construction of interchange improvements and
regional arterial improvements outside the City's jurisdiction in cooperation with Caltrans, the
City of Murrieta, and other entities, and improvements to current freeway interchanges within the
City to achieve performance standards.
D. Phase II also requires the cooperation of the City of Murrieta ("Murrieta").
The City and Murrieta entered into that certain Cooperative Agreement Between the City of
Temecula and the City of Murrieta in Connection with the French Valley Parkway/I-15
Improvements Project — Phase II, which was executed by the City of Temecula on May 13, 2021
and by the City of Murrieta on July 28, 2021 ("Temecula-Murrieta Cooperative Agreement"). At
its meeting of May 11, 2021, the City adopted Resolution No. 2021-26, A Resolution of the City
Council of the City of Temecula Approving that Certain Agreement Entitled Cooperative
Agreement Between the City of Temecula and the City of Murrieta in Connection with the French
Valley Parkway/I-15 Improvements Project — Phase II. Pursuant to the Temecula-Murrieta
Cooperative Agreement, the City and Murrieta recognized that Phase II is an interchange of
regional significance for Western Riverside County with TUMF funding allocated for a significant
portion of it. Phase II received an unprecedented $50 million grant from the Federal Government
through the Infrastructure for Rebuilding America grant program administered by the United
States Department of Transportation. The grant was supported by local Members of Congress as
well as the U.S. Department of Defense and Marine Corps. based on the need to maintain the free
flow of traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a
national security improvement. The letter to the U.S. Department of Transportation dated
February 26, 2019 from the U.S. Department of Defense, United States Marine Corps. Camp
Pendleton, summarized the benefits of Phase II on the lives of service members, including a
reduction of transit times of military operational units movement on I-15; reduction of transit times
on the federal workforce, and improvement in the quality of life of military service members and
their families resulting from the improved circulation.
E. Pursuant to the Temecula-Murrieta Cooperative Agreement, the City and
Murrieta set forth their agreement to cooperate on right-of-way issues in connection with Phase II.
They recognized that public agencies may jointly exercise any power common to them pursuant
to Government Code Section 6502 and Code of Civil Procedure Section 1240.140(b). Government
Code Section 6502 provides that "[i]f authorized by their legislative or governing bodies, two or
more public agencies by agreement may jointly exercise any power common to the contracting
parties". California Code of Civil Procedure Section 1240.140(b) provides that "[t]wo or more
public agencies may enter into an agreement for the joint exercise of their respective powers of
eminent domain, whether or not possessed in common, for the acquisition of property as a single
parcel." The City and Murrieta also agreed and acknowledged that each City may exercise the
power of eminent domain to acquire real property for a public use if each City meets all legal
requirements, including the payment of just compensation to the owner or into the court for the
benefit of the owner. (California Constitution, art. I, sec. 19). The acquisition of private property
for public street/highway purposes, and all uses necessary or convenient thereto in connection with
the proposed construction of Phase II is a public use, and is authorized by Section 19 of Article 1
of the California Constitution, California Government Code Sections 6502, 37350, 37350.5,
37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent
Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050, 1240.110,
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1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of law. Further, the City
and Murrieta agreed that a joint approach is beneficial to the timely delivery of Phase II, and agreed
to cooperate and coordinate their efforts to the extent practicable in connection with the acquisition
of the necessary right of way for Phase II. They further agreed that pursuant to Government Code
Section 6502 and Code of Civil Procedure Section 1240.140(b), the parties may jointly exercise
any power common to them. Both Temecula and Murrieta are authorized to acquire real property
interests by eminent domain for public street/highway purposes. Temecula is the Implementing
Agency for right-of-way acquisition pursuant to the Caltrans Cooperative Agreement. Murrieta
consented to the City's acquisition of property interests located within the boundaries of Murrieta,
including the City's acquisition by eminent domain, if necessary, of property interests needed for
Phase II. The City agreed that it would acquire any necessary property interests for Phase II in
accordance with Government Code Section 7260 et seq., and the Eminent Domain Law, Code of
Civil Procedure Section 1230.010 et seq., and other provisions of law. The City and Murrieta
further agreed that the acquisition of the necessary real property interests required for Phase II is
a matter of urgency of extreme expediency or necessity and manifestly desirable to alleviate
congestion and improve traffic circulation in Southwest Riverside County. Pursuant to the
Temecula-Murrieta Cooperative agreement, Murrieta also consented to the City's conveyance of
any portions of the necessary real property interests required for Phase II to Caltrans in accordance
with the terms of the Caltrans Cooperative Agreement.
F. Phase II requires the acquisition of the certain property interests consisting
of the interests of Lamar Central Outdoor, Inc. ("Lamar") in and to the outdoor advertising
structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests
in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in
connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign
Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor
advertising structures/billboards located on portions of the real properties identified as APNs 910-
060-002 and 910-060-004 that are impacted by Phase 11(collectively "Subject Property Interests"),
and are described more particularly below in Section 4. The City seeks to acquire the Subject
Property Interests for public use, namely for public street and highway purposes, and all uses
necessary or convenient thereto, including, but not limited to, public street, highway, retention
walls, drainage, and utilities in connection with Phase II.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of
Temecula adopts Resolution No. 2021-69, A Resolution of the City Council of the City of
Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and
Authorizing the Acquisition Thereof in Connection with the I-15/French Valley Parkway
Improvements — Phase II (Certain Real Property Interests in connection with Outdoor Advertising
Structures/Billboards Identified as Sign Number 33321 and Sign 33322, Located on Portions of
the Real Properties Identified as APNs 910-060-002 & 910-060-004).
Section 3. Authorization for Acquisition of Real Property Interests by Eminent
Domain. The City seeks to acquire by eminent domain the Subject Property Interests described
more particularly below in Section 4 of this Resolution for public use, namely for public street and
highway purposes, and all uses necessary or convenient thereto, including, but not limited to,
public street, highway, retention walls, drainage, and utilities in connection with Phase II pursuant
to the authority conferred upon the City of Temecula to acquire property by eminent domain by
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Section 19 of Article 1 of the California Constitution, California Government Code Sections 6502,
37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010
et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020
1240.050, 1240.110, 1240.120, 1240.140, 1240.510, 1240.610, 1240.650, and other provisions of
law.
Section 4. Subject Property Interests. The City seeks to acquire certain real property
interests of Lamar consisting of the interests of Lamar in and to the outdoor advertising
structures/billboards identified as Sign Number 33321 and Sign Number 33322, depicted on the
Exhibit "A" attached hercto and incoKporated by this reference leasehold interests in connection
with Sign Number 33321 and Sign Number 33322, easement interests, if any, in connection with
the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign Number 33321 and
Sign Number 33322 are located, and goodwill relating to said outdoor advertising
structures/billboards located on portions of the real properties identified as APNs 910-060-002 and
910-060-004.
Section 5. Environmental Review. The environmental effects of the French Valley
Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and
PW07-04) ("Project") and the acquisition of the real property interests needed for the Project were
studied and analyzed as an integral part of the Mitigated Negative Declaration for the Project
(MND) adopted by the City on February 23, 2010 pursuant to Resolution No. 10-14, A Resolution
of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley
Parkway/Interstate-15 Over -Crossing and Interchange Improvements Project (PW02-11 and
PW07-04) and Approving the Project. At that time, the City was the lead agency under the CEQA
for the Project. Caltrans was the lead agency under NEPA for the Project. Together, the City and
Caltrans completed an Initial Study [with Mitigated Negative Declaration]/Environmental
Assessment with Finding of No Significant Impact (IS/EA), a joint CEQA/NEPA document for
the Project. Caltrans signed and approved the Finding of No Significant Impact (FONSI) on
January 29, 2010.
In adopting Resolution No. 10-14 approving the MND and the Project, the City Council
found that the Project would accomplish the following objectives: (1) reduce current and projected
traffic congestion on the ramps and freeway mainline in the project area; (2) improve safety and
operations between Winchester Road and the I-15/1-215 junction; (3) provide alternative vehicular
access to 1-15 that will also provide operational improvements to the I-15/Winchester Road
interchange; and (4) provide improvements to accommodate projected growth and to facilitate
local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. In
adopting the MND, the City Council found that (1) the MND was prepared in compliance with
CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the
environment that cannot be adequately and feasibly mitigated; and (3) the MND reflects the
independent judgment and analysis of the City Council. The City duly filed the Notice of
Determination in accordance with applicable law.
Pursuant to the Caltrans Cooperative Agreement, Caltrans is the lead agency under both
j NEPA and CEQA for Phase II. The environmental effects of Phase II and the acquisition of the
real property interests needed for Phase II were studied and analyzed as an integral part of the
MND for the Project and the Caltrans Re -Validation in connection with Caltrans' further
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environmental analysis and review of the environmental documents for the Project. Caltrans
completed the NEPA/CEQA Re -Validation on July 9, 2021 [DIST-CO-RTE: 08-RIV-15, 215;
Project No. FTIP ID RIV031215 (RTP ID RIV 031215) (SCH 2O09041108)], which is on file with
the City Public Works Department and is incorporated in this Agenda Report by this Reference
("Caltrans Re -Validation").
In the Caltrans Re -Validation, Caltrans explained that the scope of Phase II was modified
to include the northbound (NB) collector/distributor connectors to I-15 and I-215, one new bridge,
widening of two bridges, ten retaining walls and one sound wall, and some drainage improvements.
The change in the scope of Phase II resulted in a decrease in the number of full and partial
acquisitions required for Phase II and an increase in the need for temporary construction
easements. Caltrans found that the original environmental document needed to be updated and
further documentation was prepared in connection with NEPA. Based on the changed conditions
and supporting information, Caltrans found that, with respect to the CEQA analysis, only minor
technical changes or additions to the previous documents were necessary and an addendum was
prepared and included with the Re -Validation Form. The Re -Validation Form noted that the Phase
II improvements were previously identified and were approved as part of Phase II of the Project
described in the 2010 IS/EA. It also found that Phase II itself would not result in new types of
impacts over those identified in the IS/EA for the overall Project. Caltrans determined that due to
the smaller scope of Phase II and the refined project engineering information, the magnitude of
various impacts is reduced but generally remains the same as those addressed in the IS/EA.
Caltrans also found that the acquisition of 34 parcels, including the displacement of two
nonresidential uses, was anticipated with the overall Project. Of this, two full parcel acquisitions
and twelve partial parcel acquisitions were initially anticipated for Phase II (as noted in the 2010
IS/EA). Based on the smaller project scope for Phase II, Caltrans found that Phase II would not
result in any full parcel acquisitions, but would require eleven partial acquisitions, three permanent
footing easements, and five temporary easements for construction of Phase II. Although there has
been a reduction in the number of full and partial acquisitions required, Caltrans noted that Phase
II requires the acquisition of property interests from APN 910-020-077 that were not included in
the original IS/EA and from APN 910-281-001 based on the revisions to the appraisal map
approved on June 3, 2021. Caltrans found that the reduction in proposed acquisitions would not
result in new impacts and that no new additional mitigation measures are required. Caltrans noted
that the proposed footing easements and use of City property would only affect undeveloped land
and would not result in displacement of any persons or businesses. Phase II may, however, require
the relocation of two outdoor advertising structures/billboards owned by Lamar and identified as
Sign Number 33321 and Sign Number 33322 located on APNs 910-060-002 and 910-060-004 in
the City of Murrieta, which are the subject of this Resolution of Necessity. In connection with the
preparation of this Resolution of Necessity, City Staff reviewed the MND and FONSI for the
Project and the Re -Validation prepared in connection with Phase II, and found that the
environmental findings for the Project and Phase II are the appropriate findings with respect to the
proposed acquisition of the Subject Property Interests in connection with Phase Il.
Section 6. Phase II, as planned and designed, is in the public interest and necessity and
is of regional significance. Phase II, as planned and located, will construct a two-lane northbound
collector/distributor (C/D) system along I-15 from the Winchester Road/I-15 Interchange northerly
on -ramps to just north of the I-15/I-215 junction with connectors to 1-15 and I-215. Phase II
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received an unprecedented $50 million grant from the Federal Government through the
Infrastructure for Rebuilding America grant program administered by the United States
Department of Transportation. The grant was supported by local Members of Congress as well as
the U.S. Department of Defense and Marine Corps. based on the need to maintain the free flow of
traffic to Camp Pendleton and Navy facilities in San Diego County, thus making it a national
security improvement. Phase II, as planned and designed, will alleviate congestion, and improve
safety and traffic circulation by constructing the northbound collector/distributor road
improvements. The City and Murrieta have recognized that the construction of the Project would
benefit both communities, and that both communities have a mutual interest in the Project to
improve traffic and promote safety for the general public. The improvements proposed for Phase
II seek to improve traffic congestion on I-15 at the I-215 junction where weaving occurs as drivers
choose between I-15 and I-215 at the same time as they merge from Winchester Road onto I-15,
and to improve circulation along these routes.
Section 7. Phase II is consistent with the Circulation Element of the General Plan,
which recognizes that "[e]nsuring adequate regional circulation for residents and businesses will
require coordination with regional and State transportation planning efforts." (Circulation
Element, C-23). Phase II furthers Goal 2 of the Circulation Element, which seeks to create a
"regional transportation system that accommodates the safe and efficient movement of people and
goods to and from the community." Phase II helps to implement Policy 2.1 and Policy 2.3 of the
Circulation Element because it includes the construction of interchange and regional arterial
improvements outside the City's jurisdiction in cooperation with Caltrans, the City of Murrieta,
and other entities, and also includes improvements to current freeway interchanges within the City
to achieve performance standards.
Section 8. Phase II is planned and located in the manner that is most compatible with
the greatest public good and the least private injury. Phase II is planned and designed to construct
a two-lane northbound collector/distributor (C/D) system along I-15 from the Winchester Road/I-
15 Interchange northerly on -ramps to just north of the I-15/1-215 junction with connectors to I-15
and I-215. The construction of these improvements are of regional significance. Phase II is
planned and located to minimize the impact on private parcels. The construction Phase II will not
impact any buildings. It will not result in the displacement of any persons or businesses, except
for the potential impacts to Lamar's interests in the two billboard/outdoor advertising structures
located on APNs 910-060-002 and 910-060-004 in the City of Murrieta that are impacted by Phase
II and are the subject of this Resolution of Necessity. Preliminary analysis indicates that it may
not be feasible to relocate the two subject billboard/outdoor advertising structures impacted by
Phase 11.
Section 9. The public use for which the City seeks to acquire the Subject Property
Interests, namely for public street and highway purposes, and all uses necessary or convenient
thereto, including, but not limited to, public street, highway, retention walls, drainage, and utilities
in connection with Phase II will not unreasonably interfere with or impair the continuance of the
public use to which any easement holders may have appropriated the Subject Property Interests
(Code of Civil Procedure Section 1240.510). To the extent that Phase II will require the relocation
of the interests/facilities of easement holders located in the area of the Subject Property Interests
and impacted by Phase II, the City's use of the Subject Property Interests for Phase II is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
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uses to which said public utility easement holders have appropriated any easements located in the
area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject
Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and
1240.650.
Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair
market value appraisal of the Subject Property Interests and set just compensation for the Subject
Property Interests in accordance with the fair market value. On October 22, 2021, the City
extended a written offer pursuant to Government Code Section 7267.2 to Lamar, the owner of the
impacted outdoor advertising structures/billboards identified as Sign Number 33321 and Sign
Number 33322, via certified mail and regular first-class mail. The City's offer included an
informational pamphlet describing the eminent domain process and the record owner's rights
under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's
written offer contained a written statement of and summary of the basis for, the amount it
established as just compensation. The City's offer package for the Subject Property Interests
included compensation for improvements pertaining to the realty (the billboard structures) and
impact to the Lamar's interests in the Subject Property Interests, including business goodwill.
Further, the offer letter offered to pay the reasonable costs of Lamar, up to $5,000, of an
independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure
Section 1263.025.
Section 11. The City provided written notice dated November 24, 2021 to the owner of
record of the Subject Property Interests, Lamar, pursuant to Code of Civil Procedure Section
1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the
acquisition of the Subject Property Interests by eminent domain. It also notified Lamar of the
opportunity to appear before the City Council and raise questions about whether the public interest
and necessity require Phase II; whether Phase II is planned or located in the manner that will be
most compatible with the greatest public good and the least private injury; and whether the Subject
Property Interests the City seeks to acquire are necessary for Phase II.
Section 12. Based on the evidence presented at the hearing regarding the acquisition of
the Subject Property Interests, consisting of the interests of Lamar in and to the outdoor advertising
structures/billboards identified as Sign Number 33321 and Sign Number 33322, leasehold interests
in connection with Sign Number 33321 and Sign Number 33322, easement interests, if any, in
connection with the use of the portions of APNs 910-060-002 and 910-060-004 on which Sign
Number 33321 and Sign Number 33322 are located, and goodwill relating to said outdoor
advertising structures/billboards located on portions of the real properties identified as APNs 910-
060-002 and 910-060-004, including the Agenda Report, the documents referenced therein, and
any oral or written testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require Phase II;
B. Phase II is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
C. The Subject Property Interests, consisting of the interests of Lamar in and
to the outdoor advertising structures/billboards identified as Sign Number 33321 and Sign Number
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33322, leasehold interests in connection with Sign Number 33321 and Sign Number 33322,
easement interests, if any, in connection with the use of the portions of APNs 910-060-002 and
910-060-004 on which Sign Number 33321 and Sign Number 33322 are located, and goodwill
relating to said outdoor advertising structuresibillboards located on portions of the real properties
identified as APNs 910-060-002 and 910-060-004 depicted on Exhibit "A" and Exhibit "B" hereto,
which are impacted by Phase II, are necessary for Phase II; and
D. The City has made the offer required by Government Code Section 7267.2
to the owner of record of the Subject Property Interests the City seeks to acquire.
Section 13. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference and testimony and/or comments, if
any, submitted to the City by Lamar or Lamar's representative(s). These documents include, but
are not limited to the City of Temecula General Plan, the offer letter and package sent to Lamar
pursuant to Government Code Section 7267.2, the notice pursuant to Code of Civil Procedure
Section 1245.235, Resolution No. 2021-26, Resolution No. 10-14, and environmental documents
relating to the Project and Phase II.
Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's
Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a
court of competent jurisdiction to acquire by eminent domain the Subject Property Interests in
connection with Phase II. The Subject Property Interests are depicted on Exhibit "A" and Exhibit
"B" hereto.
Section 15. City Manager Authority. The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
Section 16. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 14th day of December, 2021.
Maryann Edwards, Mayor
AT
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2021-69 was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14th day of December, 2021, by the following vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
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J
Exhibit "A"
Depiction of Subject Billboards Impacted by Phase II
(Lamar Outdoor Advertising Sign No. 33321 & Sign No. 33322)
SUBJECT
SUBJECT
r
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