HomeMy WebLinkAboutMin - CC - 2016.06.06
Burlingame City Council June 6, 2016
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on June 6, 2016
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Jennifer Pfaff.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran
MEMBERS ABSENT: Ortiz
4. REPORT OUT FROM CLOSED SESSION
The Council met in closed session and considered two items but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. PRESENTATION OF NINE SPORTS AWARDS
This presentation was delayed until the June 20, 2016 City Council Meeting.
7. PUBLIC COMMENTS
There were no public comments.
8. CONSENT CALENDAR
Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the
Consent Calendar. Councilmember Colson pulled item 8m and Councilmember Beach pulled item 8c.
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Councilmember Brownrigg made a motion to approve 8a, 8b, 8d, 8e, 8f, 8g, 8h, 8i, 8j, 8k, and 8l; seconded
by Councilmember Beach. This motion was approved unanimously by voice vote, 4-0-1.
a. APPROVAL OF THE CITY COUNCIL BUDGET SESSION MEETING MINUTES MAY 11,
2016
CC Hassel-Shearer requested Council approve the City Council Budget Session Meeting Minutes of May 11,
2016.
b. APPROVAL OF THE CITY COUNCIL MEETING MINUTES MAY 16, 2016
CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of May 16, 2016.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR
CROSSING GUARD SERVICES
Police Chief Wollman requested Council adopt Resolution Number 45-2016.
Councilmember Beach asked if the City pays for the crossing guards at every elementary school site in the
City of Burlingame or is the cost shared with the School District. City Manager Goldman explained that the
City pays for 7 crossing guards and that the City shares the costs with the School District for any additional
crossing guards.
Mayor Keighran noted that OLA pays 50% of the cost for the crossing guard by their school. City Manager
Goldman replied in the affirmative.
Mayor Keighran opened the item up for public comment. No one spoke.
Councilmember Beach made a motion to adopt Resolution Number 45-2016; seconded by Councilmember
Brownrigg. This motion passed unanimously by voice vote, 4-0-1.
d. ADOPTION OF A RESOLUTION TO RENEW AN INFORMATION SERVICES
CONTRACT WITH CAINE COMPUTER CONSULTING, LLC, TO PROVIDE
INFORMATION TECHNOLOGY SERVICES FOR THE POLICE DEPARTMENT
Police Chief Wollman requested Council adopt Resolution Number 46-2016.
e. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME CHAMBER OF
COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL
YEAR 2016-2017
City Manager Goldman requested Council adopt Resolution Number 47-2016.
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f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR
DISPUTE RESOLUTION SERVICES
City Manager Goldman requested Council adopt Resolution Number 48-2016.
g. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO
RANGER PIPELINES INC. FOR THE EASTON ADDITION, RAY PARK, AND
NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 1, CITY PROJECT NO.
84190, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH
MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO
THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 49-2016 and Resolution Number 50-2016.
Councilmember Brownrigg made brief comments about items 8g and 8h. He discussed the signs next to City
projects that explain what the project is for and how it is paid. He asked that the City of Burlingame
consider adopting this suggestion as it would allow the community to know more about the projects that the
City is undertaking.
h. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO
CRATUS, INC. FOR THE EL CAMINO REAL WATER MAIN IMPROVEMENTS, CITY
PROJECT NO. 83510, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT
SERVICES RELATED TO THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 51-2016 and Resolution Number 52-2016.
i. ADOPTION OF RESOLUTIONS INITIATING PROCEEDINGS FOR RENEWING THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME
AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2016-17
DPW Murtuza requested Council adopt Resolution Number 53-2016, Resolution Number 54-2016 and
Resolution Number 55-2016.
j. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY
ATTORNEY’S EMPLOYMENT AGREEMENT RO PROVIDE A SALARY INCREASE
DPW Murtuza requested Council adopt Resolution Number 56-2016.
k. REJECTION OF ALL BIDS AND AUTHORIZATION FOR STAFF TO RE-BID THE
VILLAGE PARK PLAYGROUND RENOVATION – CITY PROJECT #84430
Parks and Recreation Director Glomstad asked Council to reject all bids for the Village Park Renovation
Project and authorize staff to re-advertise the project to obtain new bids.
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l. RECOMMENDATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE GOLF
CENTER
Parks and Recreation Director Glomstad asked Council to allow staff to issue a Request for Proposals for the
Golf Center site due to the impending expiration of the current agreement.
m. CITY COMMENTS REGARDING GOVERNOR’S “BY RIGHT” HOUSING PROPOSALS
Councilmember Colson stated that the Governor’s housing proposal allows developers to include a minimal
amount of affordable housing in a project and in exchange bypass the community comment and review
period. She stated that in a city like Burlingame, the community prides itself on its ability to provide
feedback and input for projects occurring in the City limits. Accordingly, Councilmember Colson stated that
she felt the Governor’s proposal harmed the transparency that the City tries to achieve. She thanked staff for
drafting a letter that explained the City’s opposition to the proposal and let the community know that they
could also write letters to the state legislature with their thoughts on the legislation.
Councilmember Brownrigg stated he liked the letter but had a couple of suggestions for how to improve the
letter. He stated that the following language should be added: “But indeed we believe that this proposal
which is clearly meant to combat “nimbyism” as a perceived obstacle to additional housing projects will
actually exacerbate community concern and make it much more difficult for Cities like ours to actually move
forward with such ambitions. In other words, this proposal will be counterproductive to our goals of
increasing the stock of affordable housing.”
Councilmember Beach stated her agreement with her colleagues. She explained that it is important to not
circumnavigate the process. She discussed the current project the City is considering of Lot F and N and if
that should be included in the letter. CD Director Meeker stated that they could include this project.
Mayor Keighran discussed the amendments that are currently being discussed for the general plan. She
echoed the concern that the “by right” process would skirt the City’s transparency by not allowing the
community to discuss housing projects.
Mayor Keighran opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt the letter with suggested edits; seconded by
Councilmember Colson. The motion passed unanimously by voice vote; 4-0-1.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF
BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 5, 2016
Finance Director Augustine requested Council adopt Resolution Number 57-2016.
Finance Director Augustine presented the staff report discussing the proposed amendments to the Master Fee
Schedule that would be effective starting July 5, 2016. She explained that staff with the help of consultants
completed a cost allocation plan and user fee study. She stated that staff presented their recommended
amendments to the Master Fee Schedule at the May 2nd City Council meeting. She stated that at the May 2nd
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meeting, Council voiced their concern that some of the fees were increasing by more than 100%.
Accordingly, after the May 2nd meeting staff created a worksheet to explain the increases in fees and limited
fee increases to a 100%. As well, she explained that staff acted on Council’s recommendation of adding
more tiers to the fees associated with condo developments.
Councilmember Colson asked if most City fees were paid in advance. Finance Director Augustine explained
that most fees are paid in advance.
Councilmember Colson stated that field usage fees were calculated at the end of the season and then the
different organizations are billed. She stated that she would like field users to account for their residents and
nonresidents at the beginning of the season and pay their fees upfront. She added that if at the end of the
season there was a difference the City could roll over a credit or debit to the next season. City M anager
Goldman stated that she would have this topic brought to the Parks and Recreation Commission to discuss
and determine how best to bill field users.
Mayor Keighran opened the item up for public hearing. No one spoke.
Councilmember Colson made a motion to adopt Resolution Number 57-2016; seconded by Councilmember
Beach. The motion passed unanimously by voice vote, 4-0-1.
b. ADOPTION OF THE 2015 URBAN WATER MANAGEMENT PLAN AND THE
ASSOCIATED WATER SHORTAGE CONTINGENCY PLAN FOR THE CITY OF
BURLINGAME
DPW Murtuza requested Council adopt Resolution Number 58-2016.
DPW Murtuza reviewed the staff report stating that the Urban Water Management Planning Act requires
water suppliers to prepare or update their Urban Water Management Plans (“UWMP”) and submit a
complete copy to the California Department of Water Resources every five years. Burlingame’s last UWMP
was prepared in 2011, and therefore a revised UWMP is due by June 30, 2016.
EKI’s Matt Zucca presented the highlights of the updated UWMP. He stated that the UWMP must include
both the City of Burlingame and Burlingame Hills (which is unincorporated). He explained that after
determining the area that the UWMP covers, EKI predicted the population and job size going forward to
2040. He stated that with this information, the UWMP was able to project the area’s water consumption
levels. He also reviewed the City’s past usage of water. He stated that while population is seen as steadily
increasing, the water consumption rates go up and down depending on the economy and droughts.
Councilmember Brownrigg asked if the data was broken down by industrial, government, residential, etc. so
that they would be able to monitor the effectiveness of some of the government’s conservation efforts. Mr.
Zucca replied in the affirmative. He stated that the City had this data going back to the 1990s.
Mr. Zucca reviewed the projected water demands. He began by explaining the term passive conservation,
stating that this is when people replace their appliances with new energy and water efficient appliances. He
stated that this has helped the City stay below its supply guarantee from San Francisco of 1,909 MGY.
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Councilmember Brownrigg asked if the term “water demand” only referred to potable water. Mr. Zucca
replied in the affirmative.
Mr. Zucca continued by explaining that the UWMP must document water to lower income households. He
stated that lower income is defined as 80% of the area’s median income. Accordingly, the housing element
projected a need of 2,783 extremely and very low income units by 2020.
He discussed the need to plan for projected single dry years versus multiple dry years. He explained that
cities are required to develop a water shortage contingency plan (“WSCP”). The WSCP is considered a
standalone document and can be modified by Council in the future without amending the UWMP. He
explained that under the WSCP, the City is required to show five stages of actions (with increasing water
reduction rates). He explained that each stage shows what restrictions and prohibitions will be applied to
target different reduction rates.
Councilmember Beach asked if the City can incorporate future industry and housing projects that staff are
aware of in the UWMP so that the document has a longer shelf life. DPW Murtuza stated that in terms of
ensuring the City gets enough water from San Francisco, staff has been working with San Francisco and
BAWSCA to include upcoming projects.
Mayor Keighran discussed the amendments to the General Plan and asked if there was a way to calculate
what the City’s future needs would be for water. She stated that she felt this information should be included
with the General Plan when they discuss rezoning. DPW Murtuza stated that currently the City is guaranteed
5.23 million gallons of water from San Francisco a day. He stated this guarantee is when the water levels are
normal however this will decrease if levels drop. DPW Murtuza said technically speaking the City could
incorporate how the water supply would handle rezones.
Mayor Keighran opened up the public hearing. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 58-2016; seconded by
Councilmember Colson. The motion passed unanimously by voice vote, 4-0-1.
c. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLINGAME
MUNICIPAL CODE (ZONE CODE) RELATED TO COVERED PORCH FLOOR AREA
RATION (FAR) EXEMPTIONS
At the beginning of this item, Councilmember Colson recused herself. She stated that she currently had a
project under review in Community Development that included a porch, and therefore she stated that it was
best that she recuse herself from this public hearing.
CDD Meeker presented the staff report introducing an Ordinance to amend Title 25 of the Burlingame
Municipal Code related to covered porch floor area ratio exemptions. He explained that at the May 16, 2016
City Council meeting, Council discussed the proposed ordinance that would amend the floor area exemption
for covered porch floors from 100 feet to 200 feet. He reviewed Council’s concern that the exemption
should only apply to street facing porches and not porches located on the rear of the building. Accordingly,
the proposed ordinance was amended so that it reads: “Covered porches or decks on the first floor totaling
two hundred (200) square feet or less, which face a street and are not located on the rear of the dwelling.”
Mayor Keighran asked City Clerk Hassel-Shearer to read the title of the Ordinance.
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Councilmember Brownrigg made a motion to waive further reading and introduce the Ordinance; seconded
by Councilmember Beach. The motion passed unanimously by voice vote, 3-0-2 (Councilmember Colson
had recused herself from this item and Vice Mayor Ortiz was absent).
Mayor Keighran opened the public hearing. No one spoke.
Mayor Keighran directed the City Clerk to post a notice at least five days before the proposed adoption.
10. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDERATION OF APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES
City Manager Goldman asked that the Council make an appointment to fill two vacancies on the Library
Board of Trustees. She reminded the Council that they conducted interviews with Lisa Rosenthal, Elisabeth
Ostrow, Leonard Heymann and Andrew Blanco on May 23rd for three year appointments, ending on June 30,
2019.
The Council voted to appoint Lisa Rosenthal and Andrew Blanco to the Library Board of Trustees.
b. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR
COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2016-17
Finance Director Augustine requested Council adopt Resolution Number 59-2016.
Finance Director Augustine presented the staff report requesting Council’s approval of the allocation of
funding for community service organizations for fiscal year 2016-17. She explained that each
Councilmember was given a tabulation worksheet in order to make individual funding recommendations.
The results were then tabulated resulting in the distribution of $45,000 between 20 organizations.
Mayor Keighran opened the item up for public comment. No one spoke.
Mayor Keighran stated that Council had decided at their last meeting there would be an additional one-time
funding to organizations whose focus was on the area’s housing needs. She asked when this item would be
brought to the Council. City Manager Goldman stated that it would be on the June 20, 2016 Meeting
Agenda.
Councilmember Beach discussed the fact that when she made her funding recommendations that she took
into consideration that a one-time additional payment funding of $45,000 would be given to organizations
whose focus is on the housing needs of the community.
Councilmember Colson made a motion to adopt Resolution Number 59-2016; seconded by Councilmember
Beach. The motion passed unanimously by voice vote, 4-0-1.
c. ADOPTION OF RESOLUTIONS APPROVING THE REVISED MEMORANDUM OF
UNDERSTANDING WITH CALTRANS RELATIVE TO THE EL CAMINO REAL AND
FLORIBUNDA INTERSECTION, AND APPROVING PROFESSIONAL SERVICES
AGREEMENTS FOR THE MANAGEMENT AND FACILITATION OF THE EL CAMINO
REAL TASK FORCE PROCESS
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DPW Murtuza requested Council adopt Resolution Number 60-2016 and Resolution Number 61-2016.
DPW Murtuza presented the staff report requesting Council approve the revised memorandum of
understanding with Caltrans relative to the El Camino Real and Floribunda Intersection, and approving
Professional Services Agreements for the management and facilitation of the El Camino Real Task Force
Process. He explained that the “No Left Turn” signage was installed on El Camino Real for southbound
travel through the Floribunda Intersection. He stated that Caltrans has set up a process to measure the
successfulness of the signs.
DPW Murtuza explained that originally the Memorandum of Understanding stated that the pilot project
would be for 36 months. However, when the MOU was forwarded to Caltrans Headquarters in Sacramento,
they expressed concern that the 36 month period would extend beyond the timeline of the current program
funding. Accordingly, Caltrans proposed to reduce the duration of the pilot study to 18 months. He stated
that there were also minor clarifications as to the scope of work for the El Camino Real (“ECR”) Task Force.
DPW Murtuza stated that staff identified community members who are willing to serve on the ECR Task
Force. As well, staff negotiated with the consulting team of Hathaway Associates and Placeworks to manage
and facilitate the ECR Task Force. He explained that the key objectives of the ECR Task Force are to review
and recommend potential solutions that would retain the character of ECR and improve public health, safety,
and infrastructure along ECR. He stated that the consultant recommended that the ECR Task Force focus on
just two blocks of ECR as a pilot project. Accordingly, the task force, staff, Caltrans and Councilmembers
Brownrigg and Beach walked ECR and identified the stretch of the ECR between Sanchez Avenue and
Fairfield Drive as the focus of the pilot project.
Mayor Keighran stated that she had thought that a member of the police department was going to be included
in the ECR Task Force. DPW Murtuza replied that the police department would be brought in as needed.
Mayor Keighran asked about the monitoring of the left turn prohibition. She asked if both the state and the
city would receive the results of the pilot project. DPW Murtuza stated that it was discussed that this
information would be brought to Council.
Councilmember Colson asked if the people on the Community group were all residents of Burlingame.
DPW Murtuza replied in the affirmative.
Councilmember Beach asked if DPW Murtuza felt that 18 months was enough time to complete the study.
DPW Murtuza replied that he would like 36 months but that Caltrans said they could only give 18 months.
Councilmember Beach asked if the west side of ECR would be reviewed as well. DPW Murtuza stated that
at this time, staff and consultants advised him to only focus on a small area and that eventually they will
review other areas.
Mayor Keighran opened up the item for public comment.
Burlingame resident Jennifer Pfaff discussed an error in the MOU that discusses 4 mature elms that are really
4 mature eucalyptuses and 1 small elm.
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Councilmember Brownrigg made a motion to adopt Resolution Number 60-2016 relating to the MOU with
the stipulation that for the City’s records it is believed that the description of the trees should be “4 mature
eucalyptuses and 1 small elm” and not “4 mature elms”; seconded by Councilmember Beach. The motion
passed unanimously by voice vote, 4-0-1.
Councilmember Beach made a motion to adopt Resolution Number 61-2016 relating to the professional
services agreement; seconded by Councilmember Brownrigg. The motion passed unanimously by voice
vote, 4-0-1.
Councilmember Brownrigg made a motion to approve the members of the Community Group for the ECR
Task Force which includes: Jennifer Pfaff, Bobbi Benson, Michael Weibracht, Ed Neizman, Gaird
Schlesinger, Howard Wettan and Richard Kirchner; seconded by Councilmember Colson. The motion
passed unanimously by voice vote, 4-0-1.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A DISPOSITION AND DEVELOPMENT AGREEMENT WITH PACIFIC WEST
COMMUNITIES, INC. FOR BURLINGAME CITY PARKING LOTS F AND N
City Attorney Kane requested Council adopt Resolution Number 62-2016.
City Attorney Kane presented the staff report requesting Council authorize the City Manager to execute a
disposition and development agreement (“DDA”) with Pacific West Communities, Inc. for Burlingame City
Parking Lots F and N.
She briefly reviewed the history of the project. She explained that in 2014 staff issued a request for
proposals seeking qualified developers interested in creating affordable housing and enhanced parking
facilities on City Parking Lots F and N. Pacific West Communities was identified as the preferred company
to work with on this project. Then during the April 4, 2016 City Council meeting, Council entered into an
exclusive negotiating agreement with Pacific West Communities.
City Attorney Kane explained that usually the next step after entering into an exclusive negotiating
agreement is not a disposition and development agreement. She stated that usually the City and developer
would next discus the exact mechanism of transfer – ground lease versus sale, the value of the lots and
determines the appropriate review under CEQA. However, Housing and Urban Development (“HUD”) has
cut off a key funding stream for affordable housing in this area as of June 15, 2016. Accordingly, in light of
this move, it is essential that the developer have the DDA prior to June 15, 2016. She explained that while
this was not the usual timeline, that the DDA does provide a framework for milestones and commitments by
both the developer and the City to move the project toward approval, modification or denial in a timely
manner. She reviewed the fact that an appropriate review under CEQA would still need to be done.
Councilmember Colson asked how the Governor’s By-Right housing proposal fits in with this project. City
Attorney Kane stated that the things the developer is agreeing to in the DDA are by contract, which is
independent of the Governor’s proposal. City Attorney Kane went on to explain that if there are things not
covered in the DDA, this might have an impact on how some of the details are processed.
City Attorney Kane emphasized that the title to the land is not transferred to the developer until all details
and plans have been finalized. She stated that this acts as the final fail safe.
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Councilmember Brownrigg stated his support for the project. He asked that the downtown subcommittee be
made available to this project. He stated that this request came from a concern about the timeline for the
project and to ensure that the project is completed. City Attorney Kane stated that an advantage to the tight
timeline is that the Council will know sooner rather than later if the project is feasible.
Mayor Keighran opened up the item for public comment.
Burlingame resident Jennifer Pfaff asked about the setbacks on the project and if there were protections on
this matter. City Attorney Kane said she would look into this but that it was covered generally in the fact
that the project has to comply with the City’s relevant zoning.
Councilmember Brownrigg asked Pacific West Communities, Inc. about engaging the public. CEO Caleb
Roope stated that regardless of if the Governor’s proposal passes, Pacific West Communities, Inc. likes to
work with the local government and community. He stated that the company is committed to working with
the community to ensure that all are happy with the project.
Councilmember Colson stated that the Council is sensitive to the fact that the City is conveying public assets
and it is important to ensure that the public is gaining a benefit.
Councilmember Brownrigg made a motion to adopt Resolution Number 62-2016; seconded by
Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
12. FUTURE AGENDA ITEMS
There were no future agenda items.
13. ACKNOWLEDGEMENTS
a. COMMISSION MEETING MINUTES: TRAFFIC, SAFETY AND PARKING COMMISSION
– APRIL 14, 2016, LIBRARY BOARD OF TRUSTEES – APRIL 19, 2016
b. MAY, 2016 PERMIT ACTIVITY
14. ADJOURNMENT
Mayor Keighran adjourned the meeting at 9:11 p.m. in memory of Susan Klein.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk