CITY PLANNING COMMISSION AGENDA ITEM NO: 5 STAFF: DICK ANDERWALD FILE NO : CPC CA LEGISLATIVE PLANNING AND DEVELOPMENT TEAM LAND USE REVIEW

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1 Page 65 CITY PLANNING COMMISSION AGENDA ITEM NO: 5 STAFF: DICK ANDERWALD FILE NO : CPC CA LEGISLATIVE PROJECT: APPLICANT: OIL AND GAS REGULATIONS PLANNING AND DEVELOPMENT TEAM LAND USE REVIEW PROJECT SUMMARY: 1. Project Description: Request by the City of Colorado Springs Planning and Development Department - Land Use Review Division to establish a new Part 17 (Oil and Gas Regulations) within Chapter 7, (Planning, Development and Building), Article 5 (Administration and Procedures) and amend various provisions within Chapter 7, (Planning, Development, and Building) of the Code of the City of Colorado Springs 2001, as amended, pertaining to oil and gas regulations. 2. Planning and Development Team s Recommendation: Approval of the ordinance establishing Oil and Gas Regulations (). BACKGROUND / STAKEHOLDER PROCESS AND INVOLVEMENT: The City s existing development regulations need to be revised to address the possible expansion of oil and gas development into the southern part of the Niobrara shale formation believed to extend into central El Paso County, including portions of the City of Colorado Springs. Following the enactment of a moratorium on new oil and gas applications in December 2012, Council President Hente formed the Oil and Gas Committee to research and recommend areas for potential City regulation of oil and gas development. Committee meetings were held over a fourteen-week period beginning in late January 2012, and a town hall meeting was held in May 2012 to solicit citizen feedback on the areas for potential regulation. The Oil and Gas Committee presented its report to City Council on June 26, The Oil and Gas Committee found that, while the regulation of oil and gas development is primarily a State function through the Colorado Oil and Gas Conservation Commission (COGCC), the City can impose reasonable land-use regulations that are not in conflict and which can be harmonized with State oil and gas regulations. City Council acknowledged the efforts of the Oil and Gas Committee, and requested that City staff prepare draft regulations and bring them to the City Planning Commission for hearing and recommendation back to Council. The City Planning Commission held informal work sessions on August 2 and 9, 2012.

2 Page 66 ANALYSIS OF ISSUES / CODE PROVISIONS: The following is a summary of issues/major provisions: Major Issues: 1. Avoiding Operational Conflict City planning and legal staffs expanded the review and analysis of local codes undertaken by the Oil and Gas Committee to include recently adopted codes in Aurora and Longmont. The State of Colorado has recently filed suit against Longmont over the prohibition of oil and gas operations in residential zones, local water sampling requirements and riparian setbacks (among others) and has requested that Aurora remove its requirement for use of best management practices (BMPs), arguing that local imposition of BMPs is a usurpation of State authority. Code Provision: The proposed regulations have been constructed to avoid operational conflict. Instead, they rely heavily on the City s participation in the COGCC Local Government Designee program and the use of intergovernmental agreements (IGAs) between the City and COGCC to preserve community interests Operator s Early Engagement with the City For the LGD process to function effectively, the interests of the City must be communicated as early as possible in the application process. Code Provision: The proposed regulations contain a requirement for a pre-application meeting between the City and the operator, preferably before State permit applications are filed. Specific purposes of the pre-application meeting are noted, including encouragement for the use of BMPs. 3. Location within Residential Areas Prohibition of oil and gas operations in residential zones has been challenged by the State in the current Longmont complaint. Code Provision: The proposed regulations permit oil and gas operations in any zone. However, Planning Commission review is required for permit applications for oil and gas operations located one-thousand feet (1,000 ) or less from a building unit, educational facility, assembly building, hospital, nursing home, board and care facility, jail or designated outside activity (all as defined in COGCC rules). All other applications are reviewed administratively. Planning Commission review of applications in high density areas allows for fuller engagement of property owners impacted by the proposed operation. 1 Commission Rule 305.d enables the Director of the Commission to impose BMPs and other requirements as additional conditions of approval on an operator s state permit at the City LGD s request, in response to public comments or on the Commission s own initiative. In the event the City LGD s request is denied, the City is entitled to a full hearing before the entire nine-member Commission to explain why the desired BMP or other requirements are necessary and should be imposed. In the event the Commission refuses to impose the desired BMP or other requirements as conditions of approval, the City would have a right to appeal to district court. This entire process would not be triggered where an operator uses BMPs as part of its standard operating procedures or otherwise agrees with the City to utilize BMPs.

3 Page Development Standards Limited to those areas within City purview. Other standards (air, water, noise, lighting) are subject to COGCC rules. Code Provisions: Traffic impact mitigation requirements ensure that traffic operations, construction of improvements, safety and drainage are properly designed and managed; and that adequate financial assurance is provided to ensure restoration of any damage to City facilities. An emergency response plan is required as part of the application submittal, and will be evaluated by public safety staff to ensure emergency concerns are properly addressed. 5. Water Sampling Rules Water quality protection was a primary concern of the Oil and Gas Committee and affirmed by City Council. The courts have ruled that local government requirements for water sampling are preempted by the State. Code Provision: Not addressed. COGCC is in the process of entering into an IGA with El Paso County addressing further water sampling as a condition of approval for any well permit issued in the County, and has indicated a willingness to do the same with the City. 6. Inspections Local governments have long been concerned about the shortage of State inspectors to handle inspections of the ever-growing number of oil and gas operations across the State. Similar to water sampling, inspections of drilling and well operations fall under State purview. Code Provision: The proposed regulations contain right-of-entry provisions for the purpose of enforcing City regulations. A provision is also included authorizing the City to enter into appropriate agreements with State and Federal entities to inspect for and report violations of State or Federal regulations. This anticipates that the City may desire to enter into an IGA with COGCC for such inspections, similar to a recent IGA completed between COGCC and Gunnison County. CONFORMANCE WITH THE CITY COMPREHENSIVE PLAN: The City Comprehensive Plan does not reference oil and gas operations directly; however, it contains frequent references to managing potential impacts resulting from oil and gas operations. The following objectives, policies and strategies are a representative listing: Enhance Neighborhoods (Objective N 2) Evaluate Land Use Proposals Recognizing Anticipated Changes to Neighborhood Conditions (Strategy N 201c) Provide Efficient Services (Objective CIS 1) Protect Previous Transportation Improvements (Strategy T 301b) Minimize Environmental Hazards and Constraints (Objective NE 3) Develop Plans and Regulations (Policy NE 301) Protect Drainageways and Floodplains (Policy NE 302) Avoid or Mitigate Effects of Geologic Hazards (Policy NE 303) Protect and Conserve Natural Resources (Objective NE 4) Maintain Stormwater Standards (Policy NE 401) Maintain Air Quality Standards (Policy NE 403) Maintain Noise Abatement Standards (Policy NE 404) Reduce Light Pollution (Strategy NE 405b)

4 Page 68 Staff finds that the development standards and review criteria contained in the proposed oil and gas regulations, the requirement for Planning Commission review of applications situated in high-density areas, existing COGCC rules and the ability to secure conditions of approval for state permits offered through the COGCC Local Government Designee program operate in concert to ensure conformance with the City Comprehensive Plan. STAFF RECOMMENDATION: ITEM NO: 5 CPC CA OIL AND GAS REGULATIONS Approve the attached ordinance establishing oil and gas regulations within the City Zoning Code, based upon the finding that the regulations are in conformance with the City Comprehensive Plan and comply with the provisions of City Code Section

5 Page 69 CITY ATTY'S OFFICE CODE CHANGE REVIEW ATTY INIT DATE / / ORDINANCE NO. 12- AN ORDINANCE CREATING A NEW PART 17 (OIL AND GAS REGULATIONS) OF ARTICLE 5 (ADMINISTRATION AND PROCEDURES) OF CHAPTER 7 (PLANNING, DEVELOPMENT AND BUILDING) OF THE CODE OF THE CITY OF COLORADO SPRINGS 2001, AS AMENDED, PERTAINING TO OIL AND GAS REGULATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS: Section 1. That a new Part 17 (Oil and Gas Regulations) of Article 5 (Administration and Procedures) of Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, is created to read as follows: SECTION: CHAPTER 7 PLANNING, DEVELOPMENT AND BUILDING ARTICLE 5 ADMINISTRATION AND PROCEDURES PART 17 OIL AND GAS REGULATIONS : Purpose, Authority and Applicability : Definitions : Permitted Use : Building Permits : Application and Review Procedures : Development Standards : Review Criteria : Permit Administration; Enforcement : PURPOSE, AUTHORITY AND APPLICABILITY: A. Purpose: The purpose of this part is to establish regulations that provide reasonable oversight and safeguards for the exploration and production of oil and gas resources in the City. The goal is to provide a framework for the responsible exploration and production of oil and gas resources in a manner that conserves other natural resources, that is sensitive to surrounding land uses, and that mitigates adverse 1

6 Page 70 impacts to and protects the public health, safety, welfare and the environment of the City. It is recognized that, under Colorado law, the surface and mineral estates are separate and distinct interests in land and that one may be severed from the other. Owners of subsurface mineral interests have certain legal rights and privileges, including the right to use that part of the surface estate reasonably required to extract and develop their subsurface mineral interests, subject to compliance with the provisions of these regulations and any applicable statutory and regulatory requirements. The State has a recognized interest in fostering the efficient development, production and utilization of oil and gas resources, and in the prevention of waste and protection of the correlative rights of common source owners and producers to a fair and equitable share of production profits. Similarly, owners of the surface estate have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner. Municipal governments have a statutory and judicially recognized authority and responsibility to regulate land use within their jurisdiction. B. Authority: This Part is adopted as an exercise of the City s police power in accord with Colo. Const. art. XX, 20, City Charter 1-20, and City Code and These standards are not intended to supersede state laws, regulations and rules pertaining to oil and gas development; rather, they are meant to supplement those requirements where appropriate. These regulations are intended as an exercise of its land use authority by the City in a manner that upholds the balance between municipal and state interests. Nothing in this Part shall be construed as giving the City authority to enforce state or federal laws, rules or regulations. C. Applicability: 1. All oil and gas operations are subject to the requirements of this Part. 2. A City oil and gas permit is required, and must be obtained prior to commencement of any oil and gas operation. 3. When a City oil and gas permit has been approved for a well, the twinning, sidetracking or re-entering of such well for the purposes of deepening, recompleting or reworking shall not require a subsequent approval provided the activities comply with the development standards of this Part, and a revised plan is filed with the Manager within thirty (30) days. 4. In the event that the provisions of this Part conflict with any other provisions of the Code, this Part shall supersede as it applies to oil and gas operations : DEFINITIONS: All terms used in this Part that are defined in the Act or in Commission regulations and are not otherwise defined in this Part, are defined as provided in the Act or in regulations enacted by the Commission as of the effective date of this Part. All other words used in this Part are given their usual customary and accepted meaning, and all words of a technical nature, or peculiar to the oil and gas industry, shall be given that 2

7 Page 71 meaning which is generally accepted in the oil and gas industry. When not clearly otherwise indicated by the context, the following words and phrases used in this Part have the following meanings: ACT: The Oil and Gas Conservation Act of the State of Colorado as set forth at Colorado Revised Statutes section et seq. APPLICANT: That person, corporation or other legal entity possessing the legal right to develop the mineral resource or any other use proposed in connection thereof for the site in question; generally, the applicant will be the owner or lessee of the mineral estate. COMMISSION OR COGCC: The Colorado Oil and Gas Conservation Commission. INSPECTOR: Any person designated by the City, who shall have the authority to inspect a well site to determine compliance with this part and other applicable City codes, ordinances, rules and regulations. LOCAL GOVERNMENT DESIGNEE OR LGD: The individual designated by the City to receive copies of all documents required to be filed with the local government designee pursuant to COGCC rules. The LGD provides consultation on behalf of the City on any notifications received from the COGCC. OIL AND GAS OPERATION: Exploration for oil and gas, including but not limited to conventional oil and gas and coalbed methane gas; the siting, drilling, deepening, recompletion, reworking, refracturing, closure or abandonment of an oil and gas well; production facilities and operations including the installation of flow lines and gathering lines; construction, site preparation, reclamation and related activities associated with the development of oil and gas resources. This definition does not include mapping activities that do not result in any surface disturbance. OPERATING PLAN: A general description of an oil and gas operation identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operation, source of services and infrastructure, and any other information related to regular functioning of that facility. OPERATOR: The person designated by the working interest owners as operator and named in COGCC Form 2 or a subsequently filed COGCC Form 10. OWNER: Any person with a working interest ownership in the oil and gas or leasehold interest therein. PRODUCTION SITE: The area surrounding proposed or existing production pits or other accessory equipment required for oil and gas production, at which may also be located tanks and tank batteries, exclusive of transmission and gathering pipelines. 3

8 Page 72 WELL, OIL AND GAS: Any hole drilled into the earth for the purpose of exploring for or extracting oil, gas or other hydrocarbon substances, including but not limited to directionally drilled wells. WELL SITE: That area surrounding a proposed or existing well or wells and accessory structures and equipment necessary for drilling completion, recompletion, work-over, development and production activities : PERMITTED USE: An oil and gas operation is a permitted use in any zone district subject to the procedural requirements of section : BUILDING PERMITS: Building permits must be obtained for all above ground structures to which the Pikes Peak Regional Building Code applies. For structures related to the oil and gas operation, platting is not required as a prerequisite for building permit approval : APPLICATION AND REVIEW PROCEDURES: A. Purpose: The City intends to avoid duplicative permit processes or requirements, and will review permit applications concurrently with other required state or federal agency permitting processes whenever possible. B. Pre-Application Meeting: 1. Before submitting an application to the City, any person applying for an oil and gas permit shall request a meeting with the Department, preferably prior to submittal of state applications. The purpose of the pre-application meeting is: a. To discuss the location and nature of the proposed oil and gas operation. b. To explain the application submittal requirements and the nature of materials that will be responsive to those requirements. c. To identify materials which have been or will be submitted to COGCC or other regulatory agencies that the applicant proposes to include in the City application review process. d. To identify site-specific concerns and issues that bear upon the proposed oil and gas operation. e. To discuss federal and state terms and conditions that may have been imposed on similarly situated oil and gas operations. f. To discuss project impacts and potential mitigation, and to encourage the use of best management practices. g. To discuss oil and gas development standards that must be satisfied for permit approval. 4

9 Page 73 h. To identify any technical infeasibility issues. 2. The Department shall include appropriate staff from other departments and agencies in the pre-application meeting, and shall also invite participation by the Local Government Designee. 3. Any comments made by City or agency staff during the pre-application meeting are preliminary in nature and not binding on the applicant or City. C. Application Requirements: An applicant for a permit to conduct oil and gas operations shall submit the following information to the Planning Department: 1. A completed City General Development Application Form and a completed City Oil and Gas Permit Application, together with all fees and the following attachments: a. Copies of applicable COGCC Forms 2 and 2A. b. An operating plan. c. A listing of all permits or approvals obtained or yet to be obtained from state or federal agencies other than COGCC. d. A schedule of drilling and anticipated completion events related to the proposed well. e. A traffic impact study prepared in accord with the Engineering Criteria Manual or other guidelines as provided by the City Engineer, which clearly identifies and distinguishes the impacts to City streets and bridges related to facility construction, operations and ongoing new traffic generation. f. Grading, drainage, stormwater management and erosion control plans for on-site and off-site drainage. g. If Colorado Springs Utilities is being requested to provide water, wastewater, gas or electric services, utility plans and related information for any required system extensions shall be submitted in compliance with Colorado Springs Utilities Line Extension and Service Standards, as well as all applicable items within the Utilities Rules and Regulations. h. Graphic representations, preferably representative photographs or pictorial drawings, of the type of equipment to be used during drilling, completion, maintenance, or abandonment operations, as applicable. i. An emergency response plan that addresses emergency events including, but not limited to, explosions, fires, gas or water pipeline leaks 5

10 Page 74 or ruptures, leaks from well casings, pits, tank leaks or ruptures, hydrogen sulfide or other toxic gas emissions, transportation of hazardous material, vehicle accidents or spills, and including the name and contact information for the applicants incident commander, proposed signage, access/evacuation routes, and health care facilities anticipated to be used. 2. A vicinity map showing the following: a. The location of all existing bodies of water and watercourses within a one thousand foot (1,000 ) radius of the proposed well, including direction of water flow. This information shall be submitted on United States Geological Service (USGS) 7.5-minute series maps or on a map of equal quality which shows all existing bodies of water and watercourses with a physically defined channel. b. The location of existing oil and gas wells as reflected in COGCC records. This information shall include any and all wells, including abandoned wells, within a one thousand foot (1,000 ) radius of the proposed location for the well. c. The location of proposed well sites and proposed production sites. The information to be submitted shall be that contained on COGCC Form 2. The information shall also include the parcel tax identification number of the property on which the well site and production site is to be located. 3. An oil and gas site development plan showing the following elements: a. The location of the proposed well site and production site including well, proposed twinning locations, motors, tank battery, separators and treaters, production pits, transmission and gathering pipelines and other accessory equipment to be used during the drilling, maintenance and operation of the proposed well. The site plan shall depict all proposed access ways and storage facilities associated with the well site and production site, and shall contain a description and location of proposed landscaping, intended color of paint for storage tanks and other permanent structures, fencing and berming for the site. The site plan shall indicate separately the drilling component and the production component. b. All existing physical features, including drainageways, floodplains, significant vegetation, roads and rights-of-way within one thousand feet (1,000 ) of a well site or production site. The site plan shall also depict existing subdivision boundaries, existing buildings or structures, property lines, public and private utility easements of record and utility facilities and improvements within four hundred feet (400 ) of the well site or production site. 6

11 Page 75 D. Discretion to Modify Submission Requirements: The Manager may waive one or more of the items listed as submission requirements if the requirement would duplicate information contained in COGCC applications, provided that the information provided therein is sufficient to demonstrate compliance with this Part and that information is highlighted. The Manager may also waive items that are not applicable given the location of the well site or production site. The Manager may also require the Applicant to provide any other reasonable and pertinent information related to the submission requirements deemed necessary for the review of the oil and gas permit. E. Review Procedure: 1. Notice of Application, Public Hearings and Appeals: Notice of application, public hearings and appeals shall occur in accord with part 9 of this article. 2. Permit applications for oil and gas operations located more than onethousand feet (1,000 ) from a building unit, educational facility, assembly building, hospital, nursing home, board and care facility, jail or designated outside activity area shall be reviewed administratively in accord with section All other applications shall be reviewed by the Planning Commission in accord with section : DEVELOPMENT STANDARDS: A. Setbacks: Oil and gas operations shall be set back in accord with COGCC Rules and Regulations. B. Traffic Impact Mitigation: 1. The process for mitigation of traffic impacts typically includes a plan for traffic control, the receipt of all necessary permits, ongoing street maintenance, and improving or reconstructing City streets, including financial assurance. 2. Traffic Control Plan Required. A traffic control plan shall be prepared for each phase of construction where City streets will be utilized for transportation of materials in support of site construction and/or operations. The plan shall include the following components: a. Method for handling traffic b. Haul route plan c. Detour plan d. Existing conditions survey 3. Construction Drawings Required: In the event that public street improvements are required to accommodate an oil and gas operation, drawings prepared by a Colorado licensed civil engineer shall be approved prior to permitting work in the right-of-way. Construction drawings shall be in substantial 7

12 Page 76 compliance with the Engineering Criteria Manual as determined by the City Engineer. 4. Maintenance: In the event that the activities of a facility operator cause any street to become substandard, the City may require the operator to provide ongoing maintenance for the substandard City street. Maintenance may include dust control measures and street improvements including graveling, shouldering, and paving as recommended by the traffic impact study. 5. Site Access: Any access to a property from a City street requires a Cityissued access permit approved by the City Engineer. Construction of site access for the oil and gas permit holder shall comply with standards of the Engineering Criteria Manual. 6. Interior Access Roads: Private access roads shall be reviewed by the City Engineer to minimize traffic hazards and adverse impacts to public roadways. All roads used to access operations shall be constructed a minimum of twenty feet (20 ) in width to accommodate local emergency vehicle access requirements, be maintained in a reasonable condition, including grading for drainage and be maintained for passable travel. 7. Financial Assurance: The applicant shall be required to provide financial assurance in favor of the City, in an amount determined by the City Engineer, which is sufficient to ensure construction of any required public streets to appropriate design standards and to ensure restoration of any damage to City streets caused by the applicant s permitted activities. The form of the financial assurance must be acceptable to the City. If a commercial bond is provided, the bonding company must be currently authorized to provide bonds for federally funded projects in addition to any other bond conditions imposed by the City : REVIEW CRITERIA: Applications for oil and gas operations shall be reviewed for substantial conformance with the criteria listed below: A. The use is in compliance with the applicable requirements of this Code. B. The use does not conflict with master planned roadway, school and park locations. C. The use will not conflict with existing or planned public utilities. D. The use is in compliance with applicable provisions of the Engineering Criteria Manual and the Drainage Criteria Manual. E. The impact of the use does not overburden or exceed the capacity of public facilities and services or, in the alternative, the applicant demonstrates that it will provide adequate public services in a timely and efficient manner. F. The use will not create undue traffic congestion or traffic hazards in the surrounding area, and the site has adequate vehicular access. G. Impacts to roads and bridges have been analyzed and assessed per section (B). 8

13 Page 77 H. The use conforms or will conform to all other applicable City rules, regulations, laws and ordinances. I. The use will not be otherwise detrimental to the public health, safety, and welfare of the present or future residents of the City : PERMIT ADMINISTRATION; ENFORCEMENT: A. Permit Administration: The City reserves the right to modify an oil and gas permit administratively if any condition of issuance of the COGCC permit is changed or modified by a subsequent COGCC enforcement action. The City shall notify the oil and gas permit holder in writing that an administrative review of the permit is pending. The City and permit holder shall meet to discuss the proposed modification to the oil and gas permit conditions. If the City and permit holder agree on the proposed modifications, the permit shall be modified as agreed, and notice of the modification forwarded to Planning Commission and City Council. If the City and the permit holder cannot agree on the proposed modifications to the oil and gas permit, the modifications shall be forwarded to Planning Commission and shall follow the procedure outlined in section (A). B. Right of Entry: 1. Subject to the provisions of subsection 2 of this section, the Inspector shall have the right to enter upon any premises at any reasonable time for the purpose of enforcing this Part, including abatement of violations. 2. In the event that the owner or occupant of any premises located within the City refuses to permit entry to the Inspector when entry is sought pursuant to this section, or should permission to enter the premises otherwise not be obtainable from the owner or occupant, the City may make application to any Judge of the Municipal Court for the issuance of a warrant to search for violations and/or seize property located upon the premises. C. Remedies: Remedies for violations of this part 17 shall be those authorized in section of this Zoning Code. D. Violations of State and Federal Law: The City may enter into appropriate agreements with State and Federal entities to inspect for and report violations of State or Federal laws, rules and regulations and any other State or Federal requirements on all oil and gas permitted property within the City. Section 2. Section 103 (Permitted, Conditional and Accessory Uses) of Part 1 (Residential Districts) of Article 3 (Land Use Zone Districts) of Chapter 7 (Planning, 9

14 Page 78 Development and Building) of the Code of the City of Colorado Springs 2001, as amended, is amended to read as follows: Use Types A R R-1 9 R-1 6 R2 R4 R5 SU TND Miscellaneous Use Types: * * * Oil & Gas operation P P P P P P P P P * * * Section 3. Section 203 (Permitted, Conditional and Accessory Uses) of Part 1 (Commercial) of Article 3 (Land Use Zone Districts) of Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, is amended to read as follows: Use Types OR OC PBC C-5 C-6 PIP-1 PIP-2 M-1 M-2 PF PK PCR APD TND Industrial Use Types: * * * Oil & Gas operation P P P P P P P P P P P P P P * * * Section 4. This ordinance shall be in full force and effect from and after its final adoption and publication as provided by Charter. Section 5. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the office of the City Clerk. 10

15 Page 79 Introduced, read, passed on first reading and ordered published this day of, Finally passed: Scott Hente, Council President Mayor s Action: Approved: Disapproved:, based on the following objections: Council Action: Steve Bach, Mayor Finally adopted on a vote of, on. Amended and resubmitted. ATTEST: Scott Hente, Council President Sarah Johnson, City Clerk 11