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HomeMy WebLinkAbout10.09.2018City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Regular Meeting Minutes Tuesday, October 9, 2018 6:00 PM Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tern Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey City Council Regular Meeting Minutes October 9, 2018 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL 6:00 p.m. Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 1. 18-0609 MINUTES: Approval of minutes of Closed Session held on September 25, 2018. 2. 18-0610 CONFERENCE WITH LEGAL COUNSEL: Litigation Quarterly Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: BKK Working Group et al. v. City of Hermosa Beach et al. United States District Court, Case Number: 2:18-cv-5810 b) Name of Case: Ronald Estrada and Jacqueline Bullitts v. Cities of Hermosa Beach and Manhattan Beach Los Angeles County Superior Court, Case Number: BC700497 3. 18-0611 CONFERENCE WITH LEGAL COUNSEL: Non -Litigated Claims Update The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(2) and (e)(3) a) Claimant: Ryan Beck, Claim Number: 18-138015 Date of Loss: 9/2/2018, Date Filed: 9/27/2018 Allegation: HBPD vehicle rolled and hit claimant's parked vehicle causing damage b) Claimant: Mary Behar, Claim Number: 18-136066 Date of Loss: 5/9/2018, Date Filed: 6/5/2018 Allegation: A foul ball from Clark Field (baseball field) broke claimant's skylight c) Claimant: Kerry Cartwright, Claim Number: 18-135394 City of Hermosa Beach Approved on 10/23/2018 Page 2 of 12 City Council Regular Meeting Minutes October 9, 2018 Date of Loss: 12/10/2017, Date Filed: 4/26/2018 Allegation: Broken foot due to trip and fall over an unmarked curb d) Claimant: Michael Dang, Claim Number: 18-134303 Date of Loss: 12/15/2017, Date Filed: 2/13/2018 Allegation: Damage to claimant's vehicle due to city barrier/gate blocking his driveway e) Claimant: Mercury Insurance; Robin O'Reilly, Claim Number: 18-136070 Date of Loss: 4/10/2018, Date Filed: 6/5/2018, Revised Claim: 7/16/2018 Allegation: Damage to claimant's vehicle due to broken tree stump f) Claimant: Mark Roth, Claim Numbers: 17-133642 Date of Loss: 11/7/2017, Date Filed: 12/26/2017 Allegation: City granted or will grant Certificate of Occupancy for illegal structure g) Claimant: Mark Roth, Claim Numbers: 18-135936 Date of Loss: 11/26/2017, Date Filed: 5/24/2018 Allegation: Failure to protect claimant's property from adjacent construction projects h) Claimant: Allen Virtue, Claim Numbers: 18-134183 Date of Loss: 7/15/2017, Date Filed: 1/14/2018 Allegation: HBPD violated Bane Act and U.S. Constitution i) Claimant: John Zamora, Claim Numbers: 18-134743 Date of Loss: 8/4/2017, Date Filed with Los Angeles County: 2/1/2018 Allegation: Failure to reasonably own, maintain, supervise beach and shoreline 4. 18-0613 CONFERENCE WITH LEGAL COUNSEL: Workers Comp Litigation The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a) Name of Case: Garth Gaines v. City of Hermosa Beach, PSI, Administered by Adminsure WCAB Number: ADJ9241952, Claim Number: HEAJ-001647 D.0.1.: 12/06/2000 - 12/06/2013 ADJOURNMENT OF CLOSED SESSION 700 p.m. City of Hermosa Beach Approved on 10/23/2018 Page 3 of 12 City Council CALL TO ORDER Regular Meeting Minutes October 9, 2018 7:00 P.M. - REGULAR AGENDA 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Dan Inskeep Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received prior to Closed Session, and there were no reportable actions. ANNOUNCEMENTS Mayor pro tem Armato thanked the Hermosa Beach Murals Project for the unveiling of their eighth mural; and acknowledged local business, Hammitt, which will be featured on QVS tonight. Mayor Duclos (1) invited everyone to participate in tomorrow's International Walk to School Day, in conjunction with Beach Cities Health District; (2) invited everyone to the 12th annual Pumpkins in the Park event, sponsored by Friends of the Park, Saturday, October 13, 2018, at Edith Rodaway Friendship Park; and (3) invited everyone to the Hermosa Beach Fine Arts Festival, Saturday and Sunday, October 20 and 21. PROCLAMATIONS / PRESENTATIONS a) 18-0614 CHAMBER OF COMMERCE PRESENTS DONATION CHECK TO HERMOSA BEACH NON -PROFITS Maureen Hunt, Chamber President/CEO, presented the checks to representatives of the non-profit organizations. b) 18-0625 PRESENTATION FROM LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS ON MEASURE W PARCEL TAX FOR SAFE, CLEAN WATER Pamela Manning, Los Angeles County Government Relations Representative, gave a PowerPoint presentation. MISCELLANEOUS ITEMS AND REPORTS — CITY MANAGER a) 18-0624 City of Hermosa Beach SUMMER BEACH CONCERTS Page 4 of 12 Approved on 10/23/2018 City Council Regular Meeting Minutes October 9, 2018 City Manager Lowenthal presented the report. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Coming forward to address the Council at this time were: Kern Herschelman Anthony Higgins Emery Owen Mia Rice Tara Owen Osvaldo Pena, SoCalGas Richard Eastman Max Riley Linsey Miller Julie (last name indistinct) Brian Hilgers Jonathan Zaleski A.J. Wald Fogel Seth Kovnat Grant (last name indistinct) Mike Costello Krishna 0 'Brien Pamela Ashe Trent Larson Rhonda Barnes Matt Rohrer Matt Matzen Shawn O'Dell, Cal Water Operations Manager Betsy Ryan a) 18-0615 LETTER FROM MATT MCCOOL DATED OCTOBER 2, 2018 REGARDING LEWITT RIDE ALONG Attachments: Email and Attachment from Matt McCool,pdf Action: To receive and file the written communication from Matt McCool. Motion Massey, second Armato. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve Consent Calendar items 2(a) through 2(h). Motion Massey, second Armato. The motion carried by a unanimous vote. City of Hermosa Beach Page 5 of 12 Approved on 10/23/2018 City Council a) REPORT 18-0621 Regular Meeting Minutes October 9, 2018 Attachments: 1. 101316 Ad] Req 2. 102716 Adi Req 3. 111016 Adi Reg 4. 112216 Req mtq 5. 121316 Adi Req 6. 121916 Adi Req 7. 100417 Adi Req CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Action: To approve the above -listed minutes. b) REPORT 18-0604 CHECK REGISTERS (Finance Director Viki Copeland) Attachments: 1. 9-20-18 2. 9-27-18 3. SUPPLEMENTAL eComment from Joseph Verbrugge (submitted 10-5-18 at 4:15pm).pdf Action: To ratify the above -listed check registers. c) REPORT 18-0606 d) CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Action: To approve cancellation of certain checks as recommended by the City Treasurer. REPORT 18-0617 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JUNE 5, 2018 (REVISED), JULY 3, 2018 (REVISED), AUGUST 7, 2018 (REVISED), AND SEPTEMBER 4, 2018 Attachments: 1. PR Minutes 06.05.2018,pdf 2. PR Minutes 07.03.2018.pdf 3. PR Minutes 08.07.2018.pdf 4. PR Minutes 09.04.2018.pdf Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meetings of June 5, 2018 (revised), July 3, 2018 (revised), August 7, 2018 (revised), and September 4, 2018. (The minutes noted as revised were updated to include the fact that item 2. Pledge of Allegiance did not occur) e) REPORT SUBJECT: FINAL MAP NO. 74766 (C.U.P. CON NO. 17-9, PDP NO. 17-9) City of Hermosa Beach Page 6 of 12 Approved on 10/23/2018 City Council 9) 18-0602 Regular Meeting Minutes October 9, 2018 LOCATION: 1010 MONTEREY BOULEVARD APPLICANT(S): 1010 MONTEREYHB, LLC BY SCOTT KERWIN, MANAGER REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 3 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1. Proposed Resolution 2. Final Map No. 74766 Action: To adopt Resolution No. 18-7147, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 74766, FOR THE SUBDIVISION OF A THREE -UNIT CONDOMINIUM, LOCATED AT 1010 MONTEREY BOULEVARD IN THE CITY OF HERMOSA BEACH, CALIFORNIA." REPORT 18-0601 SUBJECT: FINAL MAP NO. 74515 (C.U.P. CON NO. 16-12, PDP NO. 16-14) LOCATION: 937 15TH STREET APPLICANT(S): BEACH CITY CAPITAL FUND, LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A TWO -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1. Proposed Resolution 2. Final Map No. 74515 Action: To adopt Resolution No. 18-7148, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 74515, FOR TWO NEW DETACHED CONDOMINIUM UNITS, LOCATED AT 937 15TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA." REPORT SUBJECT: FINAL MAP NO. 74516 (C.U.P. CON NO. 16-11, PDP NO. 16-13) 18-0600 LOCATION: 935 15TH STREET APPLICANT(S): BEACH CITY CAPITAL FUND, LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A TWO -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1. Proposed Resolution 2. Final Map No. 74516 Action: To adopt Resolution No. 18-7149, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL City of Hermosa Beach Page 7 of 12 Approved on 10/23/2018 City Council Regular Meeting Minutes October 9, 2018 MAP NO. 74516, FOR TWO NEW DETACHED CONDOMINIUM UNITS, LOCATED AT 935 15TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA. h) REPORT SUBJECT: FINAL MAP NO. 74754 (C.U.P. CON NO. 16-18, PDP NO. 16-20) 18-0607 LOCATION: 719 1ST PLACE APPLICANT(S): SUBTEC BY BOB VARGO REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2 -UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments: 1, Proposed Resolution 2. Final Map No. 74754 Action: To adopt Resolution No. 18-7150, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 74754, FOR THE SUBDIVISION OF A TWO -UNIT CONDOMINIUM, LOCATED AT 719 1ST PLACE IN THE CITY OF HERMOSA BEACH, CALIFORNIA." CONSENT ORDINANCES None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION None 5. PUBLIC HEARINGS None 6. MUNICIPAL MATTERS a) REPORT CONSIDERATION OF ALTERNATIVE LOCATIONS 18-0616 FOR THE GREENBELT INFILTRATION PROJECT (Environmental Analyst Kristy Morris) Attachments: 1. Link to Project Page on City Website 2. Tetra Tech Presentation (06118).pptx 3. Link to Earthquake Zones of Required investigation Map 4. Greenbelt North of Second Street.pdf 5. Herondo Street.pdf 6. South Park.pdf 7. Link to Santa Monica Los Amigos Park Storm water Demonstration Project 8. Link to Los Angeles County Parks Storm water Infiltration Projects 9. Link to City of Los Angeles Garvanza Park Rainwater Capture Project 10. Letter from Moorings HOA- Alternative Sites.pdf 11. Project Location Inquiry (AES).msq 12. Project Location Inquiry (SCE).msq 13. Link to Permit (Enforcement Actions and Penalties for Non -Compliance on pages 41-43) 14. SUPPLEMENTAL eComment from Barbara Sabo (submitted 10-5-18 at 4:25pm).pdf 15. SUPPLEMENTAL eComment from Maritza Alvarado (submitted 10-5-18 at 7:56pm).pdf 16. SUPPLEMENTAL eComment from Laurie Ca right (submitted 10-6-18 at 4:55am).pdf City of Hermosa Beach Approved on 10/23/2018 Page 8 of 12 City Council Regular Meeting Minutes October 9, 2018 17. SUPPLEMENTAL 10:44pm).pdf 18. SUPPLEMENTAL 19. SUPPLEMENTAL 10-8-18 at 3pm).pdf 20. SUPPLEMENTAL 21. SUPPLEMENTAL at 40713m).pdf 22. SUPPLEMENTAL Thm).pdf 23. SUPPLEMENTAL 24. SUPPLEMENTAL 25. SUPPLEMENTAL 26. SUPPLEMENTAL 27. SUPPLEMENTAL 28. SUPPLEMENTAL 29. SUPPLEMENTAL 30. SUPPLEMENTAL 31. SUPPLEMENTAL 32. SUPPLEMENTAL 3pm).pdf 33. SUPPLEMENTAL 34. SUPPLEMENTAL 3pm).pdf 35. SUPPLEMENTAL 36. SUPPLEMENTAL 37. SUPPLEMENTAL 38. SUPPLEMENTAL 39. SUPPLEMENTAL 3:37pm).pdf 40. SUPPLEMENTAL 41. SUPPLEMENTAL 4pm).pdf 42. SUPPLEMENTAL 43. SUPPLEMENTAL eComment and Attachments from Maria Haase (submitted 10-7-18 at Email from Lynn Carroll -Carter (submitted 10-3-18 at 10:41am).pdf Emails (7) submitted to City Council from 10-2-18 to 10-8-18 (added Email from Debbie Ross (added 10-8-18 at 3pm).pdf eComment and Attachments from Alex Reizman (submitted 10-8-18 Letter and Attachment from Carla McCauley (added 10-8-18 at eComment from Kelly Kress (submitted 10-8-18 at 6:13pm).pdf eComment from Xavier Haase (submitted 10-8-18 at 6:27pm).pdf Email from Timothy McGill (added 10-8-18 at 7:30pm).pdf Email from Julie Christensen (added 10-9-18 at 10am).pdf eComment from Gina DeRosa (submitted 10-9-18 at 7:29am).pdf eComment from Ryan Davis (submitted 10-9-18 at 8:20am).pdf eComment from Brian Hilgers (submitted 10-9-18 at 9:50am).pdf eComment from Annelisa Moe (submitted 10-9-18 at 11:13am).pdf Email from Rachel Burger (added 10-9-18 at 3pm).pdf Email and Attachments from Judith Mango (added 10-9-18 at Letter from Tracie and Greq Maffei (added 10-9-18 at 3pm).pdf Emails (3) submitted to City Council on 10-9-18 (added 10-9-18 at Email from Betsy Ryan (added 10-9-18 at 3pm).pdf Email from Celeste Pearce (added 10-9-18 at 3pm).pdf Email from Colin Cooley (added 10-9-18 at 3pm).pdf Email from Gregory Powell (added 10-9-18 at 3pm).pdf eComment from Barbara Pushman-Kaber (submitted 10-9-18 at Project Site Selection Presentation Slides (added 10-9-18 at 4pm).pdf Alternative Site Studies Presentation Slides (added 10-9-18 at Email from Adam Wald (added 10 9 18 at 9pm).pdf Email from Barbara Sabo (added 10 10 18).pdf The City's Stormwater Consultant, Kathleen McGowan, of McGowan Consulting, gave a PowerPoint presentation and responded to Council questions. Coming forward to address the Council on this item were: Kelly Moonan Kevin Whilden Jessika Werchick David Makharadze Annelisa Moe Jessica Guheen Javier Haase Maria Haase Nicole Ellison Judith Mango Maritza Alvarado City of Hermosa Beach Page 9 of 12 Approved on 10/23/2018 City Council Regular Meeting Minutes October 9, 2018 Traci Horowitz Laura Witten Carla McCauley Chuck Henderson Cammie Herbert Dan (last name indistinct) Kathie Stemig Racheal Wallis Alex Reizman Heidi Fernandez John Marc Cramer David Grethen Ira Ellman Donna Rubelmann Adam Wald John Gardner Rebecca Veltman Craig Cadwallader, Surfrider Foundation South Bay Chapter Action: To: 1. Direct the Redondo Development subcommittee and staff to jointly engage our counterparts in Redondo and perhaps Torrance to site the project in Redondo and/or Torrance, at its current volume, or as divided into multiple projects totaling a similar volume, which division of projects may include a project in Hermosa, and/or an expansion of the Hermosa Infiltration Project, which is in the Enhanced Watershed Management Plan; and 2. Direct the Redondo Development subcommittee and staffto report back with progress on that engagement at the first or second meeting (allowing for flexibility) in November, 2018. Motion Massey, second Armato. The motion carried by a unanimous vote. Additional Action: To continue tonight's meeting until 12:45 a.m. Motion Massey, second Armato. The motion carried by a unanimous vote. b) REPORT 18-0618 MEMORANDUM OF UNDERSTANDING (MOU) WITH RTI INTERNATIONAL FOR USE OF CITY PROPERTY TO INSTALL A 5TH AND 6TH SUBSEA FIBER-OPTIC CABLE SYSTEM (Community Development Director Ken Robertson) Attachments: 1. Memorandum of Understanding including Exhibit A. 2. Project Exhibit Councilmember Fangary recused himself due to his home's proximity to the site. He left the dais and the room for the duration of discussion of this item. Chris Brungardt, RTI -I Senior Vice President, was invited forward to respond to Council questions. City of Hermosa Beach Page 10 of 12 Approved on 10/23/2018 City Council Regular Meeting Minutes October 9, 2018 Action: To approve the attached MOU with RTI Infrastructure Incorporated (RTI -I), setting forth a mutual understanding regarding the basic terms of an offer to amend an easement for use of City property allowing for two additional subsea Fiber -Optic Cable Systems, the 5th and 6th to be installed by RTI -I. Motion Armato, second Campbell. The motion carried by a unanimous vote. c) REPORT 18-0623 CONSIDERATION OF A HOLIDAY PARKING PROGRAM (Assistant to the City Manager Nico De Anda-Scaia) Attachments: 1. Ctywide Silver Post Meter Map 2. Holiday Meter Baq Design Imprint 3. SUPPLEMENTAL Emails (13) submitted to City Council from 10-3-18 to 10-8-18 (added 10-8-18 at 3pm).pdf 4. SUPPLEMENTAL Letter from Chamber of Commerce President Maureen Hunt (added 10-8-18 at 3pm).pdf 5. SUPPLEMENTAL eComment from Bob Wolfe (submitted 10-8-18 at 426pm).pdf 6. SUPPLEMENTAL Email and Attachment from THRIVE Hermosa (added 10-9-18 at 10am).pdf 7. SUPPLEMENTAL Email from Maggie Bove-LaMonica (added 10-9-18 at 4:15pm).pdf Coming forward to address the Council on this item were: Kathleen Knoll, Uncorked Co -Founder Lori Ford, Gum Tree Owner Shervi Main Action: To approve a 4 -week holiday parking program on Citywide commercial zone silver -post meters, from November 27 -December 25, 2018. Motion Campbell, second Armato. The motion carried 4-1, noting the dissenting vote of Massey. Additional Action: To continue tonight's meeting until 1.10 a.m. Motion Armato, second Duclos. The motion carried by a unanimous vote. d) REPORT 18-0620 UPDATE ON COMPLETION OF CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Attachments: 1, July 2018 Activity Report 2. August 2018 Activity Report Action: To receive and file the report. Motion Armato, second Massey. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a) REPORT CONSIDERATION OF OPPOSITION TO PROPOSITION 6, City of Hermosa Beach Page 11 of 12 Approved on 10/23/2018 City Council 18-0608 Regular Meeting Minutes October 9, 2018 A MEASURE REPEALING SENATE BILL (SB) 1 AND RECENTLY ENACTED STATEWIDE ROAD REPAIR AND TRANSPORTATION FUNDING (Assistant to the City Manager Nico De Anda-Scaia) Attachments: 1. Senate Bill 1 Proposed Project List 2. Coalition Members of No on Prop 6 3. Summary of Impact from the Legislative Analyst's Office 4. Hermosa Beach Draft Letter of Opposition to Prop 6 5. SUPPLEMENTAL eComment from Sam Perrotti (submitted 10-9-18 at 11:07am).pdf Action: To: 1. Approve and authorize the Mayor to sign a letter of opposition (Attachment 4) to Proposition 6, and direct staff to provide signed copies to the appropriate state and local representatives, revising the letter to reflect $325, 000 annually rather than $470, 000; and 2. Authorize the City of Hermosa Beach to sign on as a member of the 'No on Prop 6' Coalition, a diverse coalition of local governments, public safety organizations, transportation advocates and other organizations throughout the state. Motion Armato, second Fangary. The motion carried by a unanimous vote. b) REPORT 18-0622 Attachments: VACANCIES - BOARDS AND COMMISSIONS - EXPIRATION OF TWO TERMS ON THE PUBLIC WORKS COMMISSION (City Clerk Elaine Doerfling) Public Works Commission Applications Action: To: 1. Appoint the two applicants (incumbents Kathy Dunbabin and Andrea Giancoli) to the Public Works Commission for four-year terms ending October 31, 2022. Motion Campbell, second Armato. The motion carried by a unanimous vote. 8. OTHER MATTERS - CITY COUNCIL a) 18-0619 TENTATIVE FUTURE AGENDA ITEMS Attachments: Tentative Future Agenda.pdf It was Council consensus to receive and file the Tentative Future Agenda Items. ADJOURNMENT Elaine Doerfling City Clerk City of Hermosa Beach 1:06 a.m., Wednesday, October 10, 2018. Page 12 of 12 Linda Abbott Deputy City Clerk Approved on 10/23/2018