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Name: Whitehall City Council
Start: 2025-07-22
Location: Whitehall, OH

July 22, 2025 Final

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Agenda — 5 items

DRAFT # 13ORDINANCE NO. 073-2025 (Comm. Stand. & Enf. -3rd reading- ADOPT 09-02-2025- Smith/ )AMENDING SECTION 1136, TITLED FLOOD DAMAGE REDUCTION, OF THE PLANNING AND ZONING CODE OF THE CITY OF WHITEHALL. WHEREAS, ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens and; WHEREAS, the City of Whitehall codified ordinances need to be amended to reflect the FEMA updated National Flood Damage Reduction Regulations. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WHITEHALL, OHIO: SECTION 1: Section 1136, FLOOD DAMAGE REDUCTION, is hereby amended to replace the existing chapter as follows: 1136.01: GENERAL PROVISIONSStatutory Authorization ARTICLE XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Council of the City of Whitehall, State of Ohio, does ordain as follows: Findings of FactThe City of Whitehall has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, flood proofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted. Statement of PurposeIt is the purpose of these regulations to promote the public health, safety and general welfare, and to:Protect human life and health;Minimize expenditure of public money for costly flood control projects;Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;Minimize prolonged business interruptions;Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; Minimize the impact of development on adjacent properties within and near flood prone areas;Ensure that the flood storage and conveyance functions of the floodplain are maintained;Minimize the impact of development on the natural, beneficial values of the floodplain;Prevent floodplain uses that are either hazardous or environmentally incompatible; andMeet community participation requirements of the National Flood Insurance Program. Methods of Reducing Flood LossIn order to accomplish its purposes, these regulations include methods and provisions for:Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;Requiring that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,Preventing or regulating the construction of flood barriers, which will unnaturally divert flood, waters or which may increase flood hazards in other areas.Lands to Which These Regulations ApplyThese regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Whitehall as identified in Section 1136.01(F), including any additional areas of special flood hazard annexed by the City of Whitehall.Basis for Establishing the Areas of Special Flood HazardFor the purposes of these regulations, the following studies and/or maps are adopted:Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) for Franklin County, Ohio and Incorporated Areas, both effective June 16, 2011.Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio, which has been approved by the City of Whitehall as required by Section 1136.04(C) Subdivisions and Other New Developments.Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the Whitehall City Hall, 360 S. Yearling Road, Whitehall, Ohio 43213.Abrogation and Greater RestrictionsThese regulations are not intended to repeal any existing ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. InterpretationIn the interpretation and application of these regulations, all provisions shall be:Considered as minimum requirements;Liberally construed in favor of the governing body; and,Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.Warning and Disclaimer of LiabilityThe degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Whitehall, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.SeverabilityShould any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. SECTION 1136.02: DEFINITIONSUnless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.Accessory StructureA structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.AppealA request for review of the floodplain administrator’s interpretation of any provision of these regulations or a request for a variance.Base FloodThe flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one hundred (100) year flood. Base (100-Year) Flood Elevation (BFE)The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from 1 to 3 feet).BasementAny area of the building having its floor subgrade (below ground level) on all sides.DevelopmentAny manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.Enclosure Below the Lowest FloorSee “Lowest Floor.”Executive Order 11988 (Floodplain Management)Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.Federal Emergency Management Agency (FEMA)The agency with the overall responsibility for administering the National Flood Insurance Program.FillA deposit of earth material placed by artificial means.Flood or FloodingA general and temporary condition of partial or complete inundation of normally dry land areas from:The overflow of inland or tidal waters, and/orThe unusual and rapid accumulation or runoff of surface waters from any source.Flood Hazard Boundary Map (FHBM)Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.Flood Insurance Rate Map (FIRM)An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.Flood Insurance Risk ZonesZone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:Zone A:Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are not determined.Zones A1-30 and Zone AE:Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are determined.Zone AO:Special flood hazard areas inundated by the 100-year flood in any given year; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.Zone AH:Special flood hazard areas inundated by the 100-year flood in any given year; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.Zone A99:Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.Zone B and Zone X (shaded):Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood. Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.Flood Insurance Study (FIS)The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.FloodproofingAny combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.Flood Protection ElevationThe Flood Protection Elevation, or FPE, is the base flood elevation plus [.5] feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the floodplain administrator.FloodwayA floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community.The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces. FreeboardA factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.Historic structureAny structure that is:Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; orIndividually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.Individually listed on the inventory of historic places maintained by City of Whitehall’s historic preservation program, which program is certified by the Ohio Historic Preservation Office.Hydrologic and hydraulic engineering analysisAn analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.Letter of Map Change (LOMC)A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:Letter of Map Amendment (LOMA)A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.Letter of Map Revision (LOMR)A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.Conditional Letter of Map Revision (CLOMR)A comment by FEMA regarding a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies. Lowest floorThe lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an “enclosure below the lowest floor” which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.Manufactured homeA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 4781 of the Ohio Revised Code. Manufactured home parkAs specified in the Ohio Adm. Code 4781-12-01(K), a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes Mean sea levelFor purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. <ol><li style="font-size: 11px; font-family: Calibri;">National Flood Insurance Program (NFIP)</li></ol>The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.New constructionStructures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by the City of Whitehall and includes any subsequent improvements to such structures.For the purposes of determining insurance rates, structures for which the “start of construction'' commenced on or after the effective date of an initial FIRM [July 18, 1985] and includes any subsequent improvements to such structures. PersonIncludes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Rev. Code §111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. “Agency” does not include the general assembly, the controlling board, the adjutant general’s department, or any court.Recreational vehicleA vehicle which is:Built on a single chassis400 square feet or less when measured at the largest horizontal projectionDesigned to be self-propelled or permanently towable by a light duty truckDesigned primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.Registered Professional Architect A person registered to engage in the practice of architecture pursuant to Ohio Rev. Code §4703.01 and 4703.19. Registered Professional EngineerA person registered as a professional engineer pursuant to Ohio Rev. Code Chapter 4733.Registered Professional SurveyorA person registered as a professional surveyor pursuant to Ohio Rev. Code Chapter 4733.Special Flood Hazard AreaAlso known as “Areas of Special Flood Hazard”, it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, or A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.Start of constructionThe date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of
ORDINANCE NO. 068-2025 (Comm. of the Whole - 2nd reading - SUSP & ADOPT 07/22/2025 -Smith/Brown) REPEALING ORDINANCE 010-2025 FOR THE COMMUNITY REINVESTMENT AREA AGREEMENT FOR FAIRWAY CLIFFS LLC, AND DECLARING AN EMERGENCY.
DRAFT # 5RESOLUTION NO. 031-2025 (Comm. of the Whole - 1st reading -SUSP & ADOPT 07-22-2025- / ) REPEALING AND REPLACING RESOLUTION 018-2025, DIRECTING THE SUBMISSION OF THE QUESTION OF APPROVING ORDINANCE NO. 010-2025 TO THE ELECTORS AT THE NOVEMBER 4, 2025 GENERAL ELECTION, AND DECLARING AN EMERGENCY. WHEREAS, May 20, 2025, Council approved Resolution 018-2025 placing the question of whether Ordinance 010-2025 should be adopted to the electorate; and WHEREAS, upon review of the proposed ballot language by the County Prosecutor as legal counsel for the Board of Elections, the County Prosecutor has requested the ballot language be clarified to prevent voter confusion by including the specific parcel numbers in the ballot language; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WHITEHALL, OHIO: SECTION 1. Resolution 018-2025 is hereby repealed in its entirety and replaced with this Resolution. SECTION 2. That there be submitted to the electors of the City of Whitehall the question of whether to approve Ordinance No. 010-2025, a copy of which is attached hereto and hereby made a part hereof. SECTION 3. That the Clerk of Council is directed to forthwith serve a certified copy of this resolution upon the Franklin County Board of Elections. SECTION 4. That the Franklin County Board of Elections be and hereby is requested to place the question of whether Ordinance No. 010-2025 shall be approved upon the ballot to be submitted to the City’s electors at the November 4, 2025, general election. SECTION 5. That, in accordance with Section 17(a) of the Whitehall City Charter, the ballot language for the referendum shall contain the following statement prepared by the City Attorney, upon recommendation from the County Prosecutor as legal counsel for the Board of Elections to clarify the ballot language: The remainder of the page intentionally left blank REFERENDUM ON ORDINANCE NO. 010-2025(By Petition)City of Whitehall, Ohio A majority affirmative vote is necessary for passageOrdinance No. 010-2025 approved a community reinvestment area real property tax exemption for Fairway Cliffs LLC or its designees, on for Parcel Nos. 090-001792-00 and 090-001776-00, and authorized the mayor to execute an infrastructure agreement with Fairway Cliffs LLC. Whitehall City Council approved this ordinance at the request of the applicant seeking to redevelop this parcel to provide for additional housing units within the City consistent with the adopted Citywide development master plan. YESShall Ordinance No. 010-2025, approving a community reinvestment area real property tax exemption for Fairway Cliffs LLC or its designees, on for Parcel Nos. 090-001792-00 and 090-001776-00, and authorizing the mayor to execute an infrastructure agreement, be approved? NO SECTION 6. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety, and welfare of this City and to provide sufficient notice the Franklin County Board of Elections to submit the question of approving Ordinance 009-2025 on the November 4, 2025, general election ballot. SECTION 7. This Resolution shall be in full force and effect immediately upon its adoption and approval by the Mayor. Requested and prepared by: Bradley S. Nicodemus, City Attorney Approved as to form: Bradley S. Nicodemus, City Attorney bsn 07/18/2025
DRAFT # 2RESOLUTION NO. 028-2025 (Comm. of the Whole - 1st reading -SUSP & ADOPT 07-22-2025- / )REPEALING RESOLUTION 018-2025 WHICH PLACED THE REFERENDUM OF ORDINANCE 010-2025 ON THE NOVEMBER 4, 2025 BALLOT AND DECLARING AN EMERGENCY. <hr> WHEREAS, on April 15, 2025, Council passed Ordinance No. 010-2025, approving a community reinvestment area real property tax exemption for Fairway Cliffs LLC or its designees and authorizing the mayor to execute an infrastructure agreement with Fairway Cliffs LLC; WHEREAS, a referendum petition was filed with the City Attorney seeking to submit Ordinance No. 010-2025 to the City’s electors for their approval or rejection at the November 4, 2025 general election, said petition certified on May 7, 2025, by the City Attorney certified the sufficiency of the referendum petition to the Clerk of Council; and WHEREAS, on May 20, 2025, Council passed Resolution 018-2025 directing the submission of the question approving Ordinance 010-2025 to the electors at the November 4, 2025, election; and WHEREAS, on July 22, 2025, Council passed Ordinance 068-2025 repealing Ordinance 010-2025, and therefore submission of the adoption of the ordinance to the electors is moot; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WHITEHALL, OHIO: SECTION 1. That Resolution 018-2025 is hereby repealed in its entirety. SECTION 2. That the Clerk of Council is directed to forthwith serve a certified copy of this resolution upon the Franklin County Board of Elections. SECTION 3. That the Franklin County Board of Elections be and hereby is requested to remove the question of whether Ordinance No. 010-2025 shall be approved upon the ballot to be submitted to the City’s electors at the November 4, 2025, general election. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety, and welfare of this City and to provide sufficient notice the Franklin County Board of Elections to withdraw the question of approving Ordinance 009-2025 from the November 4, 2025, general election ballot so as to prevent voter confusion and prevent the use of taxpayer dollars to conduct a referendum on a now repealed ordinance. SECTION 5. This Resolution shall be in full force and effect immediately upon its adoption and approval by the Mayor. Requested and prepared by: Bradley S. Nicodemus, City Attorney Approved as to form: Bradley S. Nicodemus, City Attorney bsn 07/18/2025
DRAFT # 9ORDINANCE NO. 070-2025 (Adm. & Fin. Mgmt. - 1st teading- SUSP & ADOPT 07-22-2025 Elmore/ )APPROVING AND MAKING A SUPPLEMENTAL APPROPRIATION OF FIFTY THOUSAND AND 00/00 DOLLARS ($50,000.00) FROM PREVIOUSLY UNAPPROPRIATED MONIES IN THE GENERAL FUND (101) TO THE FOOD TRUCK & FUN FEST EXPENSE ACCOUNT (101.200.56150). <hr> WHEREAS, construction activities on South Yearling Road have caused a change in venue for the festival; and WHEREAS, this change created the need for redesigning the festival to fit the new location; and WHEREAS, expenses for the annual Food Truck and Fun Fest have exceeded anticipated and budgeted activity; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WHITEHALL, OHIO: SECTION 1: That this Council approves and makes a supplemental appropriation of fifty thousand and 00/00 dollars ($50,000.00) from previously unappropriated monies in the General Fund (101) to the Food Truck & Fun Fest expense account (101.200.56150). SECTION 2: That the City Auditor is hereby authorized to draw his warrant upon the Treasurer of the City for these funds for the purpose stated in this ordinance. SECTION 3: That this Ordinance shall go into full force and effect immediately upon its passage and approval by the Mayor.Requested and prepared by: Steven Quincel, City AuditorApproved as to form: Kylie Keitch, Assistant City Attorney 7/17/2025 KK

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