HomeMy WebLinkAboutMin - CC - 1995.11.06397
BIJRLINGAMB, CALIFORNIA
November 6, 1995
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. The meeting was called to order at7:30 p.m.by Mayor Knight.
PLEDGE OF ALLEGIANCE TO THE FLAG
kd by Fire Chief Malcolm Towns.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of October 16, 1995 were approved unanimously after
Councilman Harrison made changes on page 2 to show he was the only no vote on appointing
Dreiling as chair of the Broadway Committee and on page 3 under the BART discussion, to show he
mentioned 'the 60 BART cars that will be stored in Burlingame" and he also mentioned "needing to
determine BART's effect on a Broadway grade separation based on the new realignment. "
PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT FOR CLASSES INCIDENTAL TO
RETAIL USE AT 1354 BURLINGAME AVENUE - DENIED
City Planner reviewed her memo of October 30 which recommended council hold a public hearing
and take action. Gymboree Corporation, represented by Carol Horn Davis, is requesting a special
permit for instructional classes incidental to retail use at 1354 Burlingame Avenue. They are
proposing to open a retail children's clothing business in the front half of the retail space with direct
access to Burlingame Avenue. The rear area will have direct access to City Parking Lot C and will
be used for a play program incidental to the retail use. A corridor will connect the rear play
program area to the front retail area. The play program serves children from 0-3 months of age to
5 years of age, and is limited to a maximum of 12 children. All children must be accompanied by
at least one adult. Classes range in length from 45 minutes to t hour 15 minutes. The applicant
proposed no classes from noon to 2 p.m. Monday through Saturday during the area's heaviest
parking use. The Planning Commission denied this request at its October 10 meeting because of
concerns about parking impact. She reviewed the applicant's proposed modifications to the
conditions. She responded to council questions and comments regarding the parking study done by
Barton Aschman; four parking spaces at the rear belong to the business and will be striped to
provide for a disabled accessible van space; will only be exterior remodel for a new entrance at rear
of building, no expansion of the floor area is proposed. Vice Mayor Pagliaro said Gymboree is a
great program, but the issue now is parking.
Mayor Knight opened the public hearing. Norman Book, attorney representing Gymboree, told
history of this organization which began in Burlingame and has its corporate headquarters in
Burlingame; their annual revenue was $200 million last year. The retail store portion of the
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proposal cannot stand alone at this site, it needs the play program because the site is so large; want
to use this site as a play program demonstration site for visitors to their corporate headquarters; the
conditions with proposed amendments are acceptable to the applicants and they agreed to annual
reviews; discussed parking needs which, when the on-site parking and demand for equivalent retail
space are considered, equate to the play program generating only one additional parking space;
mentioned the city will be adding more parking since the purchase of the nearby lot on Donnelly.
Vice Mayor Pagliaro was concerned about the parking needed for this site; council members
discussed parking; Carol Horn Davis of Gymboree responded to questions; employees would park
away from site in long-term parking; City Planner noted employee parking is one of the conditions.
Nancy Pedot, President and CEO of Gymboree, said she lives in Hillsborough but does a lot of
shopping on Burlingame Avenue and is aware of the parking problems; told of Gymboree's
commitment to families; play program proposed for this site is smaller than at their other sites; any
other business going into this site would not be as flexible. Councilman Harrison asked about the
proposal to have evening and Sunday lectures, pictured this causing more of a parking impact.
Councilwoman O'Mahony was purzzled by the greater parking impact at 11:00 a.m. than at 11:30
a.m. shown in the parking study. Carol Horn Davis told about the safety of rear entrance, children
would always be escorted by adults; only customers would park on site, employees would park away
from area in long-term lots.
Also speaking in favor was Charles Steel, 605 Howard; Todd Oliver, BR Commercial, and Gary
Cohn, realtor representing Gymboree; support the play programs; noted it is a qualrty business and
would draw more customers to the area; Cohn personally went to businesses in the area and
presented signatures of 41 merchants who supported the business and an additional two letters in
support. Councilman Spinelli said he was in a store when Cohn was acquiring one of these
signatures. He said Cohn discussed that a play area would be provided but did not mention to the
merchant that classes would be held at the site in addition to the retail use.
Speaking in opposition was Janet Martin, merchant, and Ron Karp, merchant; noted Gymboree is a
wonderful program; attend classes at St. Paul's and there are always lots of cars at that site; six or
more employees and 12 parents with children is a big parking impact; city just bought Donnelly lot
but did not buy it for Gymboree; would be better to locate this business in a strip mall like the
Plaza; Gymboree has lots of parties and night classes, parking is very heavy in the area at night
also; noted the great impact of the Donnelly Square classes in the same area. The hearing was
closed.
Vice Mayor Pagliaro said the entire council is very supportive of children and families but is also
very concerned about parking; council has spent millions of dollars on parking, have a limit on
restaurants; have a very successful downtown and lots of parking problems; love to see this business
in Burlingame but not on Burlingame Avenue. Councilman Harrison observed Lot C this morning
and it was not full; noted there are other uses which could go into this site without any review
which would bring higher parking use; with this business we would at least have some controls
through the conditions imposed for approval and the one year review; if impact is high we could
further restrict size of classes; he would support this project. Councilman Spinelli said we are
proud to have Gymboree in town; but not fair to other merchants to have this on Burlingame
Avenue; would be better in another area. Councilwoman O'Mahony wondered about denying
without prejudice. Staff said, if denied without prejudice, council would need to give specific
directions for Planning Commission to consider in their review. Norman Book said he would like to
come back directly to council; proposed they could bring parking consultant; address employee
parking and possibly change hours of play program. Mayor Knight said she was excited about
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having this program in Burlingame but was also concerned parking and about evening lectures and
classes, parking impact is heavy in evenings, too.
Councilwoman O'Mahony moved to deny without prejudice so the applicants can come back with
the employee parking location plan. Councilman Harrison seconded with an addition to consider the
possibility of reducing the number and size of classes. The motion failed 2-3 ot roll call vote,
Mayor Knight, Vice Mayor Pagliaro and Councilman Spinelli voting no.
Vice Mayor Pagliaro moved to sustain the Planning Commission denial. Seconded by Councilman
Spinelli and carried 3-2 on roll call vote, Councilman Harrison and Councilwoman O'Mahony
voting no.
PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT FOR CANNING AND OUTDOOR
STORAGE AT 1333 MARSTEN - RESOLUTION 83-95 APPROVING SAME
City Planner reviewed her memo of October 23 which recommended council hold a public hearing
and take action. Steve Reedy, business and property owner, is requesting a special permit to have a
canning operation with outdoor storage for materials related to the canning process at t333 Marsten
Road. The applicant combines vegetable products at this site to make pasta sauces and salsas. The
product is placed in glass bottles using a preparation process consistent with a canning operation.
The site houses two businesses, Michael's Rentals and S&D Foods. Based on the floor area, L4
parking spaces are required for the canning business. Michael's Rentals is required to have 4
parking spaces on site. There are 38 on site parking spaces shown on the plans, of which 33 meet
code requirements and 18 are required. Presently Michael's uses much of the on-site parking to
store items for rental. S&D operates 5 or 6 days a week with 14 employees. Deliveries and
pickups are made between 10 a.m. and 2 p.m. There is a 6 foot wrought iron fence around the
Rollins Road side of the property. Outdoor storage is required to be enclosed by an opaque 8 foot
fence. The applicant has been on site for 4 years but only applied for a business license last year.
This is a code enforcement issue brought to the crty's attention by a tenant on adjacent property
complaining about the mess in the rear parking lot (which fronts on Rollins) caused by the debris
from the canning process and about employees parking on Rollins Road since they cannot get onto
the site because of all the outdoor storage. The complaint also noted abuse of the on-street yellow
loading zone and trucks being parked across the sidewalk for unloading. She responded to council
questions; rental business will stay on site; Mayor Ifuight observed deliveries in street; what kind of
recycling and waste do they produce; do they have permits for waste discharges, no; storage of food
products outside.
Mayor Knight opened the public hearing. Steve Reedy, applicant, said they do not have any waste;
cans and cardboard are all recycled; products are all organic; site was a bottling plant; there is
plenty of parking on site but his employees all walk, bike or take train or bus; they don't have any
retail sales; the fence would be difficult to cover. Vice Mayor Pagliaro visited the site and there is
no parking available on site, the whole area is covered with barrels and pallets; one of the recycling
bins was filled with cans the other was empty; liquids were observed going into storm drain. Reedy
said none of his employees need to park there so why not use the area for storage; his employees
have been told they cannot park on the street; said BFI is responsible for cleaning recycling bins.
Speaking in opposition was Tony kopardo, L340 Rollins, who said this business impacts parking;
the business has been there for 5 years and has grown tremendously; the company does not allow
employees to park in their lot, therefore they park on Marsten or Rollins Road side; the recycling
bins are emptied on the street because the business would not allow BFI to put them on the site, and
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the cans are never cleaned; there are rats and mice all over the site; there is a tractor-trailer without
cab parked on the street full-time in a loading zone; the plant is too large for the site; if the pennit
is approved they will never comply with the conditions. Reedy responded he never said the BFI
bins had to be on street; the tractor-trailer on street is not in a loading zone and it can be parked
there any time; any loading and unloading is done quickly. The hearing was closed.
Vice Mayor Pagliaro was concerned about sewer discharge requirements and vegetable matter being
dumped in storm drains and sewers; staff noted such dumping into storm drains is prohibited and
they would need a sewer discharge permit for dumping this material into sewer, such a permit
would be inspected several times each year; staff will investigate.
Vice Mayor Pagliaro noted with approval of a use pennit we could regulate problems with parking
and check for compliance in 30 days; he moved to approve the permit with conditions and additional
conditions that they add an interceptor on sewer line if needed and acquire a sewer discharge permit
and that no discharges be made into storm drains; that required parking cannot be used for any kind
of storage; and that vehicle loading and unloading takes place on site and not on the street.
Councilman Harrison seconded the motion. In response to Reedy's questions about fence, staff
noted the iron fence can remain, but the outdoor storage specifically shown on the plans would have
to be enclosed within another opaque 8 foot fence and materials or recycling bins stored inside them
only, no storage of any kind could occur in required parking or areas needed for access to required
parking or in loading zones on the street. Councilwoman O'Mahony had questions about the
discharge permit. Mayor Knight said she observed cluffer and a boat being stored on the site, she
hoped it would be cleaned up; perhaps the applicant should take over the Michael's Rental area for
expansion and parking. The motion carried unanimously on roll call vote. Staff noted the
conditions have been amended by these statements and the conditions include specific times for
compliance. If these are not met the city will enforce on the property.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1533 AMENDING REGULATIONS
FOR PRIVATE PATROL SERVICES
City Attorney reviewed his memo of October 5 which recommended council hold a public hearing
and take action. At the last meeting this ordinance was introduced. lrr 1994 the state preempted
local permitting of such business and their employees who carry firearms. They now go through
state licensing procedures. The state does allow cities to register these businesses and require local
permits for unarmed patrol employees. Thus we still monitor who is providing such service in our
city. The city also retains local control of uniforms, titles and vehicle identification of all patrol
businesses. Our current ordinance is outdated and should be amended to conform with state law.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed
Councilman Harrison moved adoption of ORDINANCE 1533. Seconded by Councilwoman
O'Mahony and carried unanimously.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1534 REVISING COMMERCIAL
SEWER RATES
Public Works Director reviewed his memo of October 12 which recommended council hold a public
hearing and take action. This ordinance was introduced at the last meeting. In September 1995
council adopted the 1995-96 sewer rates. At the time council questioned the reduction in coillmer-
cial rates. Subsequently staff discovered the report used to calculate sewer rates had a computer
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glitch which doubled the water use for the month of April. This error resulted in the lower rates.
The error was corected and staff has adopted some checks and balances to preclude this ever
happening again. These new rates took effect November 1; because the September/October billing
was based on the erroneous rates, the crty will lose about $40,000. Council asked if this error was
adata entry error or software error, and if city could be recompensed for losses. Staff responded it
was a prograrnmer error and that person is no longer employed by the provider of the billing
program.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed
Councilwoman O'Mahony moved adoption of ORDINANCE 1534. Seconded by Councilman
Harrison and carried unanimously.
PUBLIC COMMENTS
Gene Methele, 746 Chevette, Foster City, spoke on behalf of his aunt who lives at 1361 Edgehill
and has a request for an encroachment permit listed on the Consent Calendar, item "g. " Council
removed this item from the Consent Calendar to consider at this time. The applicants object to the
conditions imposed by the city that the gate and fence at the driveway be lowered to three feet in
height or moved back one foot to the properly line. Methele said they only replaced an existing
fence in the same location and height. There are other fences and gates in neighborhood which are
higher and encroach into the city right-of-way. The original driveway gate opened outward over the
sidewalk, the new fence is an improvement since it opens inward so it does not encroach on
sidewalk. His aunt does not drive, does not have a car and uses the garage for storage. If the fence
were moved back she would have to remove mature trees and shrubs. The building permit was
allowed and the fence was built before the city made these requirements. Public Works Director
told council the contractor assumed the original fence was on the property line but when the fence
was inspected, it was found to be in the ctty right-of-way.
Vice Mayor Pagliaro did not think moving the fence one foot would make much of a difference; he
moved to approve the fence as built. Seconded by Councilman Harrison and carried unanimously.
CONTINUED HEARING FOR NEW AMUSEMENT PERMIT FOR GOLDEN CHINA RESTAU-
RANT. 1230 BROADWAY
City Attorney reviewed his memo of October 6 which recommended council consider this request
and take action. Earlier this year council revoked the amusement permit of Golden China because
of noise complaints. They reapplied in August but council continued the issue until this time.
There have been no police calls since h;Jy 23 when they were found to be operating Karaoke after
the permit was revoked July 6. He recommended approval with conditions that Karaoke stop at
1:00 a.m.; that patrons during entertainment be over the age of 2l; and that doors remain closed
during Karaoke entertaining. Review would take place in 90 days.
Nancy Young, applicant, and John Liu, attorney, were present. Liu requested hours of entertain-
ment be until 1:30 a.m. Staff recommended because of past noise issues the hours of entertainment
cease at L:00 a.m. If there are no problems, the applicant can request increased hours at the 90 day
review. Mayor Knight noted she has consistently opposed this request because of noise.
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Councilman Harrison moved approval for Karaoke with review 90 days and the conditions
recommended by staff including ceasing this entertainment at 1:00 a.m. Seconded by Councilwom-
an O'Mahony and carried 4-1 on roll call vote, Mayor Knight voting no.
NEW AMUSEMENT PERMIT FOR TAVERN GRILL. 1448 BURLINGAME AVENUE
City Attorney reviewed his memo of October 30 which recommended council approve this new
request for 90 day period for live jazz and blues. The applicant is requesting live music Sunday
through Wednesday from 9:30 p.m. to 12:30 a.m. City Attorney recoflrmended it be allowed for
seven days a week because the applicant would have to amend his permit if he decided to increase
entertainment nights.
Tim Harmon, applicant, was present. Mayor Knight mentioned she would like to see such a
business offer entertainment for teens but supposed this would not be allowed because of alcoholic
beverages at the site.
Vice Mayor Pagliaro moved approval the permit for 90 days as recommended. Seconded by
Councilman Harrison and carried unanimously.
REPORT ON UNREINFORCED MASONRY ruRM) BUILDING COMPLIANCE
Public Works Director reviewed his memo of November 1 which recommended council review
alternatives and direct staff. In September council directed staff to contact those owners of
potentially hazardous (URM) buildings who have not submitted plans for the required seismic
retrofit. Nine property owners were notified; as of this time 3 have submitted plans, one has
submitted a leffer reflecting the retention of an engineer to prepare plans, and one has been removed
from the list because of earlier remodeling which removed the hazard. Four building owners have
not responded. Vice Mayor Pagliaro noted his law firm had worked with Putnam auto dealership in
the past but he did not see any conflict of interest in this matter. Vice Mayor Pagliaro suggested
council schedule a public hearing to revoke the occupancy permits of these buildings. Councilwom-
an O'Mahony asked about the properties managed by trustees.
Councilman Harrison directed that a letter be sent to the four propefry owners that a public hearing
would be held on in January 1996 to revoke occupancy permits and that a representative should be
present at that meeting. Council concurred.
CANCELLATION OF STUDY MEETING
CONSENT CALENDAR
Mayor Knight announced that item "g" was acted upon earlier. Item "b" regarding BART
consultant was removed for later discussion. Regarding "d" Councilman Harrison hoped the
sidewalk repair contractor would attempt to match the color of the existing sidewalk. Vice Mayor
Pagliaro said he had a conflict of interest and would abstain on two items, "e-2" and "f." Mayor
Knight was pleased to see the recommendations given for the sidewalk contractor.
Council unanimously concurred in canceling the Study Meeting scheduled for November 15.
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City Attorney's memo of October 13 recommended council introduce this ordinance and set
public hearing for December 4. Our existing ordinance was adopted in 1959 and since then
we have introduced recycling, water and air pollution control agencies, and state and federal
laws concerning creeks and waterways. We have a problem witl organized theft of
recyclables; this is a concern since BFI bases their rate structure on the value of these
materials. The proposed ordinance established modern definitions and requirements for
waste collection and enforcement of violations; provisions for locations for containers;
prohibitions for placing waste in someone else's container and dumping on public property,
and making it a crime to steal recyclables.
b. Removed for discussion. (BART consultant)
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Public Works memo of October 31 recommended council accept as completed the project
installed by P&F Construction in the amount of $30,000.
DENIAL OF CLAIMS: (1) IOANNE PHILUPS : (2) HARTFORD INSURANCE FOR
IMELDA LEBANTINO
City Attorney recommended denial of these claims for (1) car damage from hitting a city
light standard and (2) a street fall.
Public Works memo of October 30 recommended council concur with the Planning Commis-
sion and approve this map.
b RESOLUTION 86.95 AUTHORIZING AG AND SCOPE OF WORK FOR
oNS I]LTANT TO REVIEW BART TO SFIA DEIR/DEISC SI]PPLEMENT #2
City Planner's memo of November 1 recommended council approve the agreement and scope
of work with Bob Ironside for review of the Supplement lf2 of the BART SFIA DEIR/DEIS
INTRODUCTION OF ORDINANCE 1535 REVISING SOLID WASTE COLLECTION
AND DISPOSAL ORDINANCE
RESOLUTION 84_95 ACCEPTING COMPLETION OF CORPORATION YARD ACCESS
ROAD . CP 9420
d. RESOLUTION 85-95 AWARDING CONTRACT FOR SIDEWALK REPAIRS . CP 9508
Public Works memo of November 2 recommended council award this project to JJR
Construction in the amount of $158,194.
f. TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AT 150 ANZA
g. Encroachment Permit for 1361 Edgehill was approved earlier under Public Comments.
Councilman Harrison moved approval of the Consent Calendar, excluding items "b" and "g" which
was acted on earlier and noting Vice Mayor Pagliaro abstaining from "e-2" and "f." Seconded by
Councilman Spinelli and carried unanimously.
REMOVED CONSENT ITEM
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at a cost not to exceed $6,000. Funding will come from contingency reserves. Ironside
proposes to submit a draft for city review by November 10; the deadline for submitting
comments to BART is November 20. BART's final EIR/EIS and Response to Comments is
expected to be released in March or April 1996. City Planner suggested council might want
to add items for review at this time.
Councilwoman O'Mahony presented a list of items, she noted the BART document seems to draw a
line at Millbrae and doesn't discuss any impacts on Burlingame; other council members added
comments: how will the five parallel lines and resulting realignment of the Caltrain tracks affect the
future grade separation at Broadway/California; since the end of the two parallel 15 foot tall sound
walls is open, will it affect the noise exposure of existing uses on the south end; on what basis do
they use 75 dBA for the noise baseline when airport uses 65 CNEL; will the row of Eucalypnrs
trees on the east of the tracks be removed, if so what mitigation is proposed; what about traffic
impacts on Murchison and Trousdale at El Camino; airport patrons using the Millbrae station will
park in Burlingame but no mitigation was suggested; report does not mention Burlingame resolution
in opposition, but mentions other resolutions in support; traffic impacts should be explained in terms
of actual service levels affected by SamTrans changes in service; there is no mention of the
incremental impacts of the SFO master plan especially at the Millbrae interchange; no mention of
problems caused (noise, air, vibration) especially on nearby convalescent hospital and residential
uses; will there be an electrolysis problem for metal underground city utilities and facilities in the
vicinity of the new electrified tracks; used increased capacity of 101 from Caltrain extension to
Downtown to offset increased volumes created by BART, but no assurance that extension will
happen should show with and without Caltrain extension; what does the CCAG regional traffic
model show the impact of BART to be; the MTC traffic models used are flawed, their assumptions
are out of date, i.e. number of people per household who work, persons per car, etc.; passenger
convenience reduced by the "wye" should be addressed because FTA is very interested in it as a
criteria. Councilman Harrison moved approval of this agreement by adoption of RESOLUTION 86-
95. Seconded by Vice Mayor Pagliaro and carried unanimously.
COUNCIL COMMITTEE REPORTS
Councilman Harrison reported on SAMCEDA steering committee meeting. Councilwoman
O'Mahony reported on CCAG's search for an administrator. Councilman Spinelli told about
Airport Roundtable activities. Mayor Knight reported on the kague of California Cities confer-
ence; noted since Vice Mayor Pagliaro is retiring, she would attend the CCAG meeting but needed
authorization to vote. Council concurred in directing staff to prepare a letter authorizing the Mayor
to vote.
NEW BUSINESS
Mayor Knight set appeal hearings for the December 4 meeting for (1) removal of two city trees at
1131 Capuchino, (2) variances for height and declining height envelope at 1480 Alvarado; and (3)
amendment to conditions for Donnelly Square Fitness Center at 1208 Donnelly.
ACKNOWLEDGEMENTS
Commission Minutes: Civil Service, October 10; Traffic, Safety and Parking, October 12;
Beautification, October 5; Senior, October 19; Library Board, September 19 and October 17;
Planning, October 23, 1995.
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ktter from Dennis Sullivan objecting to obstructions from tables and chairs on Burlingame
Avenue.
ktter from "Remembrance Memorial for California Korean War Veterans" requesting dona-
tion.
Proclamations: National Hospice Month, November; National Family Week, November 19-
26; and National Bible Week, November 19-26, 1995.
I-etter from Brian Permenter objecting to "actions against Cafe Marimba in regards to the
colors. "
f.ktter from Bette May approving Cafe Marimba's new paint, and also objecting to garage
sale signs.
ktter from John Kelly, Samaritan House, regarding funding the Winter Shelter. Staff note
reporting $5,000 had been budgeted and was sent.
Letter from San Mateo Mayor regarding regulation of garage sale signs. City Attorney
reported staff has revised the garage sale application form to inform residents that signs off
premise are forbidden.
CLOSED SESSION
At 11:10 p.m. Mayor Ifuight adjourned to a Closed Session to confer with the City Manager on
labor negotiations with the Police Officers Association.
ADJOURNMENT IN MEMORY OF YITZHAK RABIN AND SHANA SOPOAGA
Vice Mayor Pagliaro suggested council adjourn in memory of Israeli Prime Minister Yitzhak Rabin
who was assassinated, and that letters of condolence be sent to the Israeli consulate in California and
in Washington, D.C. Mayor Knight also noted with sadness the death of city employee Maka
Kesomi's step-daughter Shana Sopoaga who was killed in an auto accident. After a moment of
silence in their memory the meeting was adjourned at 11:15 p.m.
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Judith A. Malfatti
City Clerk