HomeMy WebLinkAboutMin - CC - 2016.05.16
Burlingame City Council May 16, 2016
Approved Minutes
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on May 16, 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 Bobbi Benson.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
The Council met in closed session but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. PRESENTATION ON SAN MATEO COUNTY’S OWL VIEW PROJECT AT COYOTE
POINT
Michael Barber, from San Mateo County Supervisor Dave Pine’s office, gave a presentation on “OWL”. He
stated that OWL is a visualization system that will be installed at Coyote Point to help understand sea level
rising. He stated that the goal of the project is “to increase the sense of relevance and urgency around
flooding from sea level rise and associated impacts as well as motivate stakeholders, the public and decision
makers to engage in efforts to reduce risks locally.” Mr. Barber stated that the hope is that OWL will inspire
action from key stakeholders and more deeply engage the public in conversation with decision makers about
sea level rising. Mr. Barber stated that the OWLs would be installed in mid-late June.
Council discussed the OWLs and thanked Mr. Barber for his presentation.
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7. PUBLIC COMMENTS
Burlingame resident Bobbi Benson thanked Parks and Recreation Director Glomstad and the Parks and
Recreation Department for their work at Mills Canyon.
Burlingame resident Charles Voltz spoke about the high-speed rail meeting and encouraged the public to
attend the next meeting.
Burlingame resident Irvin Dawid discussed Bike to Work day and San Mateo’s launch of a bike share
program.
Burlingame resident Adele Dunnigan discussed her concern about train and pedestrian safety.
8. CONSENT CALENDAR
Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the
Consent Calendar. Councilmember Brownrigg pulled item 8e from the Consent Calendar.
Councilmember Beach made a motion to approve 8a, 8b, 8c, 8d and 8f; seconded by Vice Mayor Ortiz. The
motion was approved unanimously by voice vote, 5-0.
a. APPROVAL OF THE CITY COUNCIL MEETING MINUTES OF MAY 2, 2016
CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of May 2, 2016.
b. ADOPTION OF A RESOLUTION AUTHORIZING THE DEPUTY FINANCE DIRECTOR
TO EXECUTE DOCUMENTS TO IMPLEMENT AND SECURE CALRECYCLE GRANT
PAYMENTS
Finance Director Augustine requested Council adopt Resolution Number 38-2016.
c. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
MINERVA CONSTRUCTION, INC., FOR THE MISCELLANEOUS RESERVOIR AND
PUMP STATION IMPROVEMENTS PROJECT, CITY PROJECT 84200, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT
DPW Murtuza requested Council adopt Resolution Number 39-2016.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW
THE SERVICE AGREEMENT WITH GRANICUS, INC. FOR AGENDA MANAGEMENT
AND VIDEO STREAMING SERVICES
CC Hassel-Shearer requested Council adopt Resolution Number 40-2016.
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e. ADOPTION OF A RESOLUTION APPROVING THE RENEWAL OF THE JANITORIAL
SERVICES CONTRACT WITH UNIVERSAL BUILDING SERVICES AND SUPPLY
COMPANY
DPW Murtuza requested Council adopt Resolution Number 41-2016.
Councilmember Brownrigg stated that he would like to see the City require companies to include their sexual
harassment policy/training when responding to RFPs.
Councilmember Brownrigg made a motion to adopt Resolution Number 41-2016; seconded by Vice Mayor
Ortiz. This motion passed unanimously by voice vote, 5-0.
f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO
RECONGIZE COUNCIL 57 OF AFSCME LOCAL 829 AS THE NEW BARGAINING
REPRESENTATIVE OF THE BURLINGAME MIDDLE MANAGERS, FORMERLY
RECOGNIZED AS THE BURLINGAME ASSOCIATION OF MIDDLE MANAGERS
(BAMM)
HR Loomis requested Council adopt Resolution Number 42-2016.
9. PUBLIC HEARINGS
a. INTRODUCING OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLINGAME
MUNICIPAL CODE (ZONING ORDINANCE) RELATED TO COVERED PORCH FLOOR
AREA RATIO (FAR) EXEMPTIONS
At the beginning of this item, Councilmember Colson recused herself. She stated that she currently had a
project undergoing review in Community Development that included a porch, and therefore she stated that it
was best that she recuse herself from this public hearing.
Planning Manager Kevin Gardiner presented the staff report requesting Council to consider passing an
Ordinance amending Title 25 of the Burlingame Municipal Code (Zoning Ordinance) related to covered
porch floor area ratio (FAR) exemptions. He stated that currently new homes and additions to existing
homes were able to exempt up to 100 square feet of floor area for covered porches which would otherwise be
included in the total floor area for the house. The exemption exists to encourage homeowners to build front
facing porches as a means of contributing to a positive relationship between the home and the neighborhood.
He explained that the Planning Commissioners felt that the exemption was successful and proposed that
Council amend the code to allow for an exemption of 200 square feet.
Councilmember Brownrigg voiced his support for the amendment.
Mayor Keighran asked whether the Planning Commission’s focus for this amendment was on front porches.
She stated that her concern was that the amendment did not specify where the porch needs to be located on
the house. Mr. Gardiner explained that the Planning Commission had several discussions about wanting the
exemption to apply to front porches, wrap-around porches and porches on corner lots. He stated that because
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of this, the Planning Commission wanted to keep the language broad and that the Commission believed that
they would intercept any issues through the design review process.
Councilmember Beach stated her concern that the amendment would be used to increase the footprint of a
house. Mr. Gardiner agreed. However, he stated that often in reviewing projects, the Planning Commission
was encouraging/requiring applicants to install porches. He stated that this was a result of applicants putting
more value on the inside of the house and not worrying about porches. Therefore, the Planning Commission
wanted to create a larger incentive for individuals to build porches.
Mayor Keighran asked the City Clerk Hassel-Shearer to read the title of the Ordinance.
Councilmember Brownrigg made a motion to waive further reading and introduce the Ordinance; seconded
by Vice Mayor Ortiz. The motion passed unanimously by voice vote 4-0-1 (Councilmember Colson recused
herself from this item).
Mayor Keighran opened the item for public comment. No one spoke.
Mayor Keighran stated that she was concerned that while the intent was for porches on the front façade that
people could potentially put the porch on the back of their houses. She stated that the City may want to
consider revising the language to ensure that the 200 square foot exemption applied to the front façade of
houses.
Councilmember Brownrigg stated that this was a good point and thought they should prohibit the exemption
for porches on the back of lots.
Vice Mayor Ortiz stated maybe the wording should be street facing elevations so as to include corner lots.
Planning Manager Gardiner stated that it could be phrased that the exemption would apply to street facing
porches and not rear facing porches.
Mayor Keighran agreed with Mr. Gardiner’s proposal and asked the Council if they agreed. They did.
Accordingly, she asked that Mr. Gardiner re-introduce this ordinance with the new incorporated language.
b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS
IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2016-17
Finance Director Augustine presented her staff report asking Council to approve Resolution Number 43-
2016 that would set the 2016-17 fiscal year assessments.
Mayor Keighran opened up the public hearing. No one spoke.
Mayor Keighran closed the public hearing and asked the City Clerk if any protests had been filed. City
Clerk Hassel-Shearer stated that no protests had been filed.
Vice Mayor Ortiz made a motion to adopt Resolution Number 43-2016; seconded by Councilmember
Brownrigg. The motion passed unanimously by voice vote, 5-0.
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10. STAFF REPORTS AND COMMUNICATIONS
a. CITY COUNCIL DIRECTION REGARDING THE BROADWAY GRADE SEPARATION
PROJECT PREFERRED DESIGN ALTERNATIVE
DPW Murtuza presented his staff report regarding feasible alternatives for the Broadway Grade Separation
Project. He gave a brief background stating that the Broadway corridor between U.S. Highway 101 and
California Drive is heavily travelled and is the most congested roadway in Burlingame. He stated that with
over 10,000 at-grade railroad crossings throughout the state, Burlingame’s Broadway at-grade railroad
crossing was ranked as second priority overall, and number one priority for Northern California.
Mr. Murtuza explained that in 2015, the City initiated a feasibility study, funded by the San Mateo County
Measure A Program and handled by AECOM. As part of this process, the City held three public meetings,
one meeting with the Traffic, Safety & Parking Commission and two City Council meetings. As of the last
City Council meeting staff narrowed their focus to two of the six design alternatives (Alternative A and
Alternative B). Alternative A consists of partially lowering the roadway and raising the railroad tracks.
Alternative B is the reverse, involving partially depressing the railroad tracks and raising the roadway.
AECOM Project Manager Etty Mercurio briefly reviewed the purposes of the project: (1) improve traffic
circulation and safety; (2) improve pedestrian and bicycle circulation and safety; and (3) provide an
opportunity for a gateway treatment.
Next, Ms. Mercurio discussed the issues around the project. She explained that the geographical limits
stating that the project was contained between the Millbrae and Burlingame Stations (north – south) and
Highway 101 and the Downtown Broadway Commercial District (east – west). She stated that AECOM
conducted a traffic study to show what the delays at this intersection would be like in 2040, with and without
grade separation. Then she reviewed the safety benefits of grade separation in reducing the time it takes for
fire and police to respond to emergencies.
Ms. Mercurio discussed the two proposed alternatives. For both Alternative A and B she discussed the
phases of the construction and took Council through the impacts of both the final product and the
construction of each alternative. As well, she showed the Council 3D animations of both alternatives.
These animations can be found at:
https://www.burlingame.org/index.aspx?page=3488.
Mayor Keighran asked what happens with the Broadway Station in Alternative A. DPW Murtuza answered
that the historic building would be preserved and moved. Ms. Mercurio stated that with both alternatives the
Broadway Station had to be moved.
Councilmember Beach asked under Alternative A if at the Broadway crossing if there was any additional
fencing that was necessary because of the trains. Ms. Mercurio replied in the affirmative. However, she
stated that it was less fencing than Alternative B would require.
Mayor Keighran asked if the railing could be made out of any type of material. Ms. Mercurio stated that as
long as it meets the load requirements it could be made out of any type of material. DPW Murtuza stated
that the best example was Ralston Station.
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DPW Murtuza covered the pros and cons of Alternative A. He stated that the pros of Alternative A include:
(1) improved safety; (2) improved traffic, pedestrian and bicycle circulation; (3) minimal impacts on adjacent
properties and Broadway commercial district and auto dealerships; (4) minimal impact to trees; (5) no safety
concern by running electric trains in a potential flooding situation; (6) faster contraction period and lesser
construction related impacts; and (7) significantly less expensive than Alternative B ($250M vs. $415M). As
far as cons for Alternative A, DPW Murtuza discussed the visual concerns due to a partially elevated track
and slightly higher train noise than depressed tracks.
For Alternative B, DPW Murtuza stated that the pros were: (1) improved safety; (2) improved traffic,
pedestrian and bicycle circulation; and (4) no visual impact due to partially depressed railroad tracks.
However, DPW Murtuza explained that there were many cons to Alternative B including: (1) major
disruption to traffic during construction; (2) significant right of way impacts to nearby properties; (3) visual
impacts from necessary safety fencing; (4) safety issues with high voltage lines that are lowered where they
can be reachable; and (5) impact to trees.
Next, DPW Murtuza discussed the community meetings that the City held on the two proposed options. He
stated that staff received 25 comments cards with 20 in support of Alternative A, 2 in support of Alternative
B and 3 were in favor of the No-Build Alternative. As well, the City received a petition from local
Broadway businesses supporting Alternative A.
DPW Murtuza stated that staff is now looking for Council’s input to see which alternative they prefer so that
the study can be completed. Mr. Murtuza stated that the next phase would involve designing the project,
conducting EIRs and then finally construction. However, he stated that currently, there was no funding for
any of the next steps.
Vice Mayor Ortiz asked about Alternative B’s depression in comparison with the Bart tracks in San Bruno
and Millbrae. He asked what problems were occurring if any as a result of depressing the tracks for Bart.
Ms. Mercurio stated that Bart is having long term maintenance problems as a result of the trenching. She
discussed that as a result of the trenching Bart was experiencing power outages and it had become necessary
to hire full time staff to deal with ongoing maintenance issues at those locations.
Councilmember Brownrigg asked how picking Alternative A would affect high-speed rail. Both DPW
Murtuza and Ms. Mercurio discussed that at this point it was pure speculation how the Broadway Grade
Separation would affect high-speed rail. Mr. Murtuza stated that the amount of traffic at existing
intersections would determine whether the city was interested in grade separation. However, he stated that if
high-speed rail is generated, whatever alternative the City picks will most likely be used for the other railway
crossings in Burlingame. He stated that the City would have to undergo engineering and EIR studies to
determine what is best for each intersection.
Vice Mayor Ortiz asked if he was correct in stating that if the Council chose Alternative A and high-speed
rail came to fruition that the only option for the Oak Grove railway intersection would be to elevate the
tracks. DPW Murtuza stated that Oak Grove hadn’t been studied so he couldn’t answer that question.
However, he stated that Oak Grove is so close to the Broadway Grade Separation that he felt that whichever
alternative was selected for Broadway would have to be selected for Oak Grove.
Mayor Keighran opened up the item for public comment.
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Burlingame resident Ross Bruce voiced his support on behalf of Broadway Bid for Alternative A.
Burlingame resident Charles Voltz discussed what he foresaw as the impacts on the other five intersections if
Alternative A is chosen.
Burlingame resident Irvin Dawid voiced his support for Alternative A and focused on the safety concerns
that would be resolved as a result.
Burlingame resident Michael Barber, Patrick Kilroy and former Mayor Rosalie O’Mahony voiced their
support of Alternative A.
Burlingame resident David Harris, Bobbi Benson and Garbis Bezdjian stated their support for Alternative A
and stated that whatever option the Council chooses will set a precedent for high-speed rail.
Burlingame resident Mike Harvey stated his concern that Alternative B was a lot more expensive than what
was stated as it didn’t take into consideration the cost of the taking of commercial property and the loss of
automobile tax revenues.
Burlingame resident Adele Dunnigan voiced her concern that whichever alternative is chosen, the City
should work on improving the safety of railroad crossings.
Burlingame resident Gordon Foster asked under Alternative B who would pay for the necessary
maintenance. DPW Murtuza stated that likely the City would be responsible for ongoing maintenance costs.
Vice Mayor Ortiz voiced his support for Alternative A but stated that the City needed to be realistic about
what would happen as a result of the Council’s decision at the other railway intersections in Burlingame if
high-speed rail came to fruition.
Councilmember Beach stated that she believed Alternative A is the more reasonable option, however she
discussed the importance of taking into consideration the impact of their decision and the impact of high-
speed rail. She went on to discuss how Alternative A could be made beautiful and workable.
Councilmember Colson voiced her support for Alternative A. She stated that the City needed three things to
get this done: (1) full Council approval; (2) Community support; and (3) a plan involving how it’s going to
be paid for, what it would look like and how it would improve safety.
Councilmember Brownrigg reminded Council that there is another option which is to leave the intersection
alone. However, he stated that with this option, the community would be dealing with the continued growth
of traffic congestion. He stated that he believed that Council’s decision would set a precedent for high-speed
rail.
Mayor Keighran voiced her opinion that she is against high-speed rail. However, she stated that as much as
she doesn’t want an elevated rail, that it is important to consider safety. She stated that if the City does
nothing, it will get worse. Accordingly, she stated that she supported Alternative A.
DPW Murtuza stated that staff would take Council’s direction and move forward. He also stated that staff
would be taking into consideration all the comments they received on design.
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b. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME APPROVING THE ISSUANCE BY THE BURLINGAME FINANCING
AUTHORITY OF NOT TO EXCEED $19,500,00 AGGREGATE PRINCIPAL AMOUNT OF
WATER AND WASTEWATER REVENUE REFUNDING BONDS TO REFUND
BURLINGAME FINANCING AUTHORITY WATER AND WASTEWATER REVENUE
BONDS SERIES 2007; AUTHORIZING THE EXECUTION AND DELIVERY OF
INSTALLMENT SALE AGREEMENTS AND A BOND PURCHASE CONTRACT;
APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND AUTHORIZING
EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS
RELATING TO THE FINANCING WITH THE BURLINGAME FINANCING AUTHORITY
Finance Director Augustine requested Council adopt Resolution Number 44-2016. She presented a staff
report recommending that the Council adopt the resolution to approve all actions relating to the refinancing
of the 2007 Water and Wastewater Revenue Bonds. She reviewed the background of the bonds, stating that
in 2007 they were issued at $25 million. She explained that currently the bonds are outstanding in the
amount of $19,525,000 with interest rates ranging from 4% to 5%. The remaining principal currently
matures from 2017 to 2031. The 2007 Bonds can be prepaid beginning April 1, 2017 at a call price of 100%.
She stated that refinancing the 2007 Bonds can save the City $1.9 million over the course of the bonds.
Councilmember Colson stated that what she appreciated about this is that unlike refinancing your home, this
refinancing doesn’t require extending the length of payments for the bonds.
Councilmember Brownrigg followed up and asked if this was the case for the all of the underlying bonds.
Finance Director Augustine replied in the affirmative.
Mayor Keighran opened up the item for public comment. No one spoke.
Vice Mayor Ortiz made a motion to adopt Resolution Number 44-2016; seconded by Councilmember
Colson. The motion passed unanimously by voice vote, 5-0.
c. DISCUSSION OF ASSOCIATION OF BAY AREA GOVERNMENTS-METROPOLITAN
TRANSPORTATION COMMISSION MERGER
Councilmember Brownrigg explained that the Association of Bay Area Governments (“ABAG”) is funded
by member dues and by a large ($3.9 million) annual grant from the Metropolitan Commission (“MTC”).
He stated that recent friction over “Plan Bay Area” led to MTC threatening to withhold the annual grant
unless ABAG cedes control of planning to MTC. Then in January, 2016, MTC and ABAG hired
Management Partners to conduct a merger study to examine the policy, management, financial, and legal
implications associated with integration of the two agencies’ planning functions, up to and including
institutional merger between MTC and ABAG. He stated that the consultants gave a dozen options but
focused on two: (1) merge the staff first and worry about governance later; or (2) figure out governance at
the same time as the functional merger.
Councilmember Brownrigg stated that he believed resistance to the merger was futile. However, in talking
to other City members, he saw that there were really three options: (1) resist the merger; (2) allow the
merger; or (3) insist upon rewriting the rules of governance. He stated that the merger would be a
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fundamental change to how the region receives advice and funding. Therefore, he wanted to understand how
the rest of the Council felt before voicing the City’s opinion to ABAG.
City Attorney Kane seconded Councilmember Brownrigg’s opinion on addressing the issues of governance
in this merger. She stated that the City’s pooled liability assets were coordinated through ABAG.
Accordingly, she stated that there is a risk to the plan’s assets if there isn’t an established form of governance
administering the plan. She stated that while she and others had voiced this concern to MTC, they had not
heard anything from MTC on what the transition plan would look like.
Mayor Keighran stated that her concern was that local cities would lose their voice once the merger occurs.
Councilmember Colson discussed the “nitty-gritty” of merging two companies. She stated that the amount
of care and consulting it takes to integrate two entities is huge. Therefore, she stated she would like to
understand how this would work.
Councilmember Beach discussed the speed at which the merger is going through. She stated that having the
merger done by July 1st is very quick. She asked what about requesting the merger be pushed back to allow
MTC more time to draft the rules of governance.
Vice Mayor Ortiz asked why the merger was being rushed.
Mayor Keighran opened up the item for public comment.
Burlingame resident Michael Barber stated that ABAG’s budget is not in good shape and accordingly that is
why this merger is moving quicker than the local cities want.
Councilmember Brownrigg stated that he shared the Mayor’s concerns about MTC. He stated that his only
interactions with MTC previously, were through high-speed rail. He stated that in those meetings MTC only
cared about the big cities and made it clear that they were a top down organization. Accordingly, he was
concerned that Burlingame and other local cities would get lost in MTC. He stated that his concern in giving
MTC more time to address the rules of governance is that the merger would occur and MTC would
indefinitely delay writing the rules of governance. Therefore, he thought that the City should support
allowing the merger if MTC rewrites their rules of governance now.
Councilmember Brownrigg thanked the Council and staff for the thoughtful discussion.
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
13. ACKNOWLEDGEMENTS
a. COMMISSION MEETING MINUTES: MARCH 15, 2016 LIBRARY BOARD OF
TRUSTEES MEETING MINUTES
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b. APRIL MONTHLY PERMIT ACTIVITY REPORT
14. ADJOURNMENT
Mayor Keighran adjourned the meeting at 9:50 p.m.
BURLINGAME FINANCING AUTHORITY
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame Financing Authority was held on the above date.
2. ROLL CALL
BOARDMEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
BOARDMEMBERS ABSENT: None
3. BOARD ACTION
a. ADOPTION OF A RESOLUTION OF THE BURLINGAME FINANCING AUTHORITY
APPROVING THE ISSUANCE OF NOT TO EXCEED $19,500,000 AGGREGATE
PRINCIPAL AMOUNT OF WATER AND WASTEWATER REVENUE REFUNDING
BONDS TO REFUND BURLINGAME FINANCING AUTHORITY WATER AND
WASTEWATER REVENUE BONDS SERIES 2007; AUTHORIZING THE EXECUTION
AND DELIVERY OF INSTALLMENT SALE AGREEMENTS AND A BOND PURCHASE
CONTRACT; APPROVING THE FORM OF THE OFFICIAL STATEMENT; AND
AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL
NECESSARY ACTIONS RELATING TO THE FINANCING
Finance Director Augustine requested the Financing Authority adopt Resolution Number Fin2-2016.
Chair Keighran opened the item for public comment. No one spoke.
Boardmember Beach made a motion to adopt Resolution Number Fin2-2016; seconded by Vice Chair Ortiz.
The motion was approved unanimously by voice vote, 5-0.
4. ADJOURNMENT
Chair Keighran adjourned the meeting at 9:52 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk