2016 08 02 CC MinutesCITY COUNCIL
MINUTES
TUESDAY, AUGUST 2. 2016
A regular meeting of the La Quinta City Council was called to order at 4:00 p.m. by
Mayor Evans.
PRESENT: Councilmembers Franklin, Osborne, Pena, Radi, Mayor Evans
ABSENT: None
CONFIRMATION OF AGENDA
• City Manager Spevacek noted two changes: (1) Business Item No. 1, the City Clerk
and City Attorney have handed out revisions to the ordinance, and (2) Business
Item No. 2, the bids were received after the agenda packet was distributed so a
supplemental report has been handed out with a contractor selection
recommendation.
• Councilmember Pena asked that Consent Calendar Item No. 9 be pulled for a
separate vote because he has a potential conflict of interest due to the proximity
of the parking areas to his property.
• Councilmember Franklin asked that Consent Calendar Item No. 15 be pulled for a
separate vote because she has a potential conflict of interest due to the proximity
of this development to her property.
• Mayor Evans, Councilmembers Peria and Radi, and City Manager Spevacek
announced that they will recuse themselves from discussion and vote on Business
Item No. 2 due to a potential conflict of interest resulting from the proximity of this
street improvement project to their properties.
• Mayor Evans announced that she will recuse herself from discussion on Study
Session Item No. 1 (regarding the Coachella Valley Economic Partnership (CVEP))
because she may have a conflict of interest due to a business relationship -
namely, her supervisor at JFK Memorial Hospital is the Chairman of the CVEP Board
of Directors.
• Councilmember Osborne announced that he will recuse himself from discussion on
Study Session Item No. 1 due to a conflict of interest resulting from his business
relationship with the CVEP, which is a client of his firm.
CLOSED SESSION - None
COUNCILMEMBER RADI LED THE AUDIENCE IN THE PLEDGE OF ALLEGIANCE.
CITY COUNCIL MINUTES 1 AUGUST 2, 2016
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PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Tammy Martin, Executive Director, Friends of the Desert Mountains -
Ms. Martin provided information on the organization and their event scheduled for
November 19, 2016.
PUBLIC SPEAKER: Phillip Bettencourt, La Quinta - Mr. Bettencourt, Planning
Commission Chairperson, explained that he was the liaison to Council from the
Planning Commission, and that Commissioners are citizen soldiers for the City who
believe in the long-range purpose of the Silverrock development.
ANNOUNCEMENTS. PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. PROCLAMATION FOR NATIONAL PREPAREDNESS MONTH -SEPTEMBER 2016
Mayor Evans presented the proclamation to Alexander Johnson, Emergency
Operations Coordinator, declaring September 2016 as National Preparedness Month.
CONSENT CALENDAR
1. APPROVE MINUTES OF JULY 19, 2016
2. EXCUSE ABSENCE FOR PLANNING COMMISSIONER FITZPATRICK FROM THE
AUGUST 9, 2016 PLANNING COMMISSION MEETING
3. AUTHORIZE OVERNIGHT TRAVEL FOR THE PERMIT OPERATIONS SUPERVISOR
TO ATTEND TRAKIT SOFTWARE TRAINING, SEPTEMBER 19 - 20, 2016, IN
CARLSBAD, CALIFORNIA
4. AUTHORIZE TRAVEL FOR THE DESIGN AND DEVELOPMENT DIRECTOR / CITY
ENGINEER TO ATTEND THE FLOODPLAIN MANAGEMENT ASSOCIATION
ANNUAL CONFERENCE ON SEPTEMBER 8, 2016, IN SACRAMENTO, CALIFORNIA
5. APPROVE DEMAND REGISTERS DATED JULY 11, JULY 15, AND JULY 22, 2016
6. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA
CITY EMPLOYEES' ASSOCIATION [RESOLUTION NO. 2016-032]
7. ADOPT RESOLUTION TO APPROVE BENEFIT ADJUSTMENTS FOR
MANAGEMENT, CONTRACT EMPLOYEES, AND CONFIDENTIAL EMPLOYEES
[RESOLUTION NO. 2016-033]
8. ADOPT ORDINANCE NO. 542 AMENDING SECTION 3.25.060(B) OF THE LA
QUINTA MUNICIPAL CODE RELATING TO THE APPLICATION FEE FOR SHORT-
TERM VACATION RENTAL PERMITS
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9. pulled by Councilmember Pena for a separate vote due to a possible conflict of
interest based on the proximity of his property to affected parking spaces »>
ADOPT ORDINANCE NO. 543 APPROVING ZONING ORDINANCE AMENDMENT
2016-0003, EXTENDING TIME LIMITS FOR AMENDMENTS TO SECTION
9.150.060 OF THE LA QUINTA MUNICIPAL CODE (SPACES REQUIRED BY USE)
TO ALLOW FOR A REDUCED NUMBER OF REQUIRED PARKING SPACES FOR
PROPERTIES WITHIN THE VILLAGE COMMERCIAL ZONING DISTRICT, AND
CONFIRM A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15061(B)(3) REVIEW OF
EXEMPTIONS - GENERAL RULE
10. ADOPT ORDINANCE NO. 544 AMENDING TITLE 8, CHAPTER 13 OF THE LA
QUINTA MUNICIPAL CODE UPDATING THE CITY'S WATER EFFICIENT
LANDSCAPE ORDINANCE
11. APPROVE SETTLEMENT AGREEMENT AND MUTUAL RELEASE FOR SHAATH &
OUDEH GROUP, INC. V. CITY OF LA QUINTA; GRANITE CONSTRUCTION
COMPANY, ET AL, RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC
1404174
12. APPROVE PURCHASE OF EQUIPMENT FROM ECONOLITE GROUP INC. FOR
VEHICLE VIDEO DETECTION AT SIX TRAFFIC SIGNALS
13. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE LA
QUINTA SQUARE COMMERCIAL DEVELOPMENT (PARCEL MAP NO. 36791)
LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND SIMON DRIVE
14. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH THE
ESPLANADE RESIDENTIAL DEVELOPMENT (TRACT MAP NO. 29323-1 AND
29323-4) LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE
AND JEFFERSON STREET
15. pulled by Councilmember Franklin for a separate vote due to a possible conflict of
interest based on the proximity of her property to this project »> APPROVE
ASSIGNMENT AND ASSUMPTION AGREEMENT FOR THE ON-SITE AND OFF-SITE
IMPROVEMENTS FOR TRACT MAP NO. 31732, AMENDMENT NO. 2, AND
AMENDED TRACT MAP NO. 31733 FOR THE BELLASENO RESIDENTIAL
DEVELOPMENT LOCATED SOUTH OF AVENUE 60 AND EAST OF MONROE
STREET
16. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE AND ADVERTISE
THE POINT HAPPY AND ROUDEL DRAINAGE IMPROVEMENTS PROJECTS
17. AWARD CONTRACT TO URBAN HABITAT ENVIRONMENTAL LANDSCAPES FOR
CONSTRUCTION OF NORTH LA QUINTA PARKWAY TURF CONVERSION
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IMPROVEMENTS, LOCATED ALONG PORTIONS OF WASHINGTON STREET AND
VIA SEVILLA - PHASE 1 (DEL ORO)
18. AWARD CONTRACT TO R.E. SHULTZ CONSTRUCTION, INC. FOR INSTALLATION
OF PLAYGROUND EQUIPMENT AT VELASCO, EISENHOWER, AND SAGUARO
PARKS FOR MISCELLANEOUS PARKS AMERICANS WITH DISABILITIES ACT
IMPROVEMENTS PROJECT
19. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC. TO
PROVIDE ON-CALL DEVELOPMENT PLAN CHECK SERVICES
20. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR FEASIBILITY STUDY, PLANS, SPECIFICATIONS AND
ENGINEER'S ESTIMATE FOR EISENHOWER DRAINAGE IMPROVEMENTS
21. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR PLANS,
SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE WASHINGTON STREET
DRAINAGE IMPROVEMENTS
22. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
SIGMANET, INC. FOR 2016/17 MANAGED INFORMATION TECHNOLOGY
SERVICES
23. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE
THE COVE OASIS TRAILHEAD IMPROVEMENTS
24. ADOPT RESOLUTION TO APPROVE SUPPLEMENTAL AGREEMENT WITH THE
COUNTY OF RIVERSIDE FOR USE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS
AND PUBLIC SERVICE FUNDS FOR BOYS AND GIRLS CLUB OF THE COACHELLA
VALLEY- LA QUINTA UNIT [RESOLUTION NO. 2016-034]
25. APPROVE AMENDMENT FOUR TO AB 2766 MEMORANDUM OF
UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE
FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM, THROUGH
JUNE 30, 2020
MOTION - A motion was made and seconded by Councilmembers Pena/Radi to
approve Consent Calendar Item Nos. 1-8, 10-14 and 16-25 as recommended, with
Item Nos. 6 and 7 adopting Resolution Nos. 2016-032 and 2016-033 respectively.
Motion passed unanimously.
Councilmember Radi suggested establishing an ad hoc committee to explore how
cameras could be used to enhance public safety in areas with limited entrances/exits.
CITY COUNCIL MINUTES 4 AUGUST 2, 2016
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He explained that the make-up of the committee could be one or two
councilmembers and police and city staff. Council concurred and Councilmember Radi
volunteered to be a member of the committee.
Councilmember Radi explained the benefits of the projects and contracts being
approved (Item Nos. 17, 20, 21, 22 and 23).
MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to
approve Consent Calendar Item No. 9 as recommended. Motion passed: ayes 4, noes
0, abstain 1 (Pena)
MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to
approve Consent Calendar Item No. 15 as recommended. Motion passed: ayes 4, noes
0, abstain 1 (Franklin)
BUSINESS SESSION
1. INTRODUCE ORDINANCE NO. 545 AMENDING SECTION 2.60.020 OF THE LA
QUINTA MUNICIPAL CODE RELATING TO CONFLICT OF INTEREST CODE, AND
APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION'S 2016
LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 545]
City Clerk Maysels presented the staff report, which is on file in the City Clerk's Office,
and explained that redundant text was deleted from Section 2.060.020 regarding
disclosure exceptions for consultants.
Councilmembers discussed the purpose of the conflict of interest ordinance; the
reason for deleting text that reiterated State law;; how it is determined to name
positions in the Code; how new employees are required to file Statements of Economic
Interest, and; assigning the City Attorney to prepare responses to citizens' requests for
information on this Code section.
MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
take up Ordinance No. 545 as amended by title and number only and waive further
reading. Motion passed unanimously.
City Clerk Maysels read the following title of Ordinance No. 545 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING SECTION 2.60.020 OF THE LA QUINTA
MUNICIPAL CODE RELATING TO THE CITY'S CONFLICT OF INTEREST CODE
MOTION - A motion was made and seconded by Councilmembers Radi/Osborne to
introduce at first reading Ordinance No. 542 as amended. Motion passed
unanimously.
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MOTION - A motion was made and seconded by Councilmembers Radi/Franklin to
approve and accept the California Fair Political Practices Commission's 2016 Local
Agency Biennial Notice. Motion passed unanimously.
2. AWARD CONTRACT FOR CONSTRUCTION OF PAVEMENT MANAGEMENT PLAN
IMPROVEMENTS ON AVENIDA BERMUDAS AND EISENHOWER DRIVE
City Attorney Ihrke explained that three of the five Members of Council have potential
conflicts of interest.. Mr. Ihrke said that the California Fair Political Practices
Commission (FPPC) has a procedure for this circumstance whereby one of the three
Members can be required to participate out of legal necessity, i.e. to create a quorum
for action.
Each Member identified their potential conflict as follows:
Mayor Evans: proximity to property owned on Eisenhower Drive
Councilmember Pena: proximity to property owned on Avenida Navarro
Councilmember Radi: proximity to property owned on Avenida Navarro and
Eisenhower Drive
City Attorney Ihrke announced that City Manager Spevacek also has a potential
conflict of interest due to the proximity of the project to his property.
MAYOR EVANS, COUNCILMEMBERS PENA AND RADI AND CITY MANAGER
SPEVACEK LEFT THE DAIS.
COUNCILMEMBER FRANKLIN ASSUMED THE POSITION OF PRESIDING OFFICER
City Attorney Ihrke explained FPPC regulation 18705 which requires one of the three
conflicted Members names to be selected at random to join the discussion and vote
on the matter. He said that the City Clerk will select one of the names at random from
a bowl.
City Clerk Maysels selected the name Mayor Evans at random from the bowl
containing all three names.
MAYOR EVANS RETURNED TO THE DAIS
City Attorney Ihrke explained that the legal basis for randomly selecting a Member to
participate is to create a quorum of the Council because it cannot legally conduct
official business without a quorum of three Members. He stated that Mayor Evans'
potential conflict stems from FPPC regulation 18702.2(a)(12) given that her primary
residence is just over 500 feet from a portion of this street improvement project so
there is a potential that Council's decision may have an effect on the market value of
her property.
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MAYOR EVANS RESUMED DUTIES AS PRESIDING OFFICER OF THE MEETING
Principal Engineer Ed Wimmer presented the staff report, which is on file in the City
Clerk's Office. Mr. Wimmer noted that since the agenda was released, bids for the
project were opened, so selection of the lowest responsive bidder is also
recommended as part of the action as identified in the supplemental staff report.
Councilmembers discussed adding a bike lane to Eisenhower Drive based on a citizen's
suggestion; preparing bike lanes for eventual CVlink; bike lanes and parking at the top
of the cove, and; sight distances at corners.
MOTION - A motion was made and seconded by Councilmembers Osborne/Franklin to
award a contract to All American Asphalt for construction of pavement management
plan improvements on Avenue Bermudas and Eisenhower Drive as recommended
including the addition of a bike lane on Eisenhower Drive from Fernando to
Washington Street.
Motion passed: ayes 3 (Evans, Franklin, Osborne), noes 0, absent 2 (Pena, Radi)
STUDY SESSION
1. DISCUSS RE -JOINING THE COACHELLA VALLEY ECONOMIC PARTNERSHIP
(CVEP)
Councilmember Osborne announced that he has a potential conflict of interest on this
matter as stated earlier in the meeting due to a business relationship, i.e. CVEP is a
client of his firm.
Mayor Evans announced that she may have a conflict of interest due to a business
relationship - namely, her supervisor at JFK Memorial Hospital is the Chairman of the
CVEP Board of Directors.
MAYOR EVANS AND COUNCILMEMBER OSBORNE LEFT THE DAIS
MAYOR PRO TEM PENA ASSUMED THE POSITION OF PRESIDING OFFICER FOR THIS ITEM
City Manager Spevacek presented the staff report, which is on file in the City Clerk's
Office.
Councilmembers discussed progress made by CVEP since La Quinta was a member;
how CVEP used La Quinta's financial contributions; disappointments in CVEP's results;
concerns with CVEP leadership; inability to get clear information on how return -on -
investment (ROI) figures are derived; separation of scholarship program from the
organization and ROI figures; rejoining at a reduced contribution to see if organization
has changed, and; necessity for all cities to participate.
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Councilmembers directed staff to place this matter on the September agenda as an
action item, and to invite Mr. Wallace of CVEP to make a presentation detailing how
renewing membership would benefit La Quinta.
PUBLIC HEARINGS - 5:04 p.m.
1. CONTINUED FROM JULY 19, 2016 - ADOPT RESOLUTION TO UPDATE CITY'S
USER AND REGULATORY FEE SCHEDULE BASED ON 2016 COST OF SERVICE
STUDY
Consultant Terry Madsen of ClearSource Financial presented the staff report, which is
on file in the City Clerk's Office.
Councilmembers discussed the proposed General Plan surcharge; fee for filing appeals
at every level of the appeal process; low cost recovery by most cities on appeal fees;
adding a General Plan maintenance fee as do three Valley cities and other cities
moving toward this action; the need for fees to be reasonable and logical; increasing
fee by the consumer price index annually; instituting a technology fee and segregating
the revenue for improvements; the difference between the one year and three year
NPDES fees;
Mayor Evans declared the PUBLIC HEARING OPEN at 5:42 p.m.
PUBLIC SPEAKER: Gretchen Gutierrez, Desert Valley Builders' Association - Ms.
Gutierrez handed out a written response to the Council in support of phasing in fees at
the full cost recovery level (it has been included in the agenda packet). She added
that appeal fees should be paid by the Appellant, not the project Applicant. In
response to Councilmember questions, Ms. Gutierrez said that there is a difference in
the quality of General Plans by varying cities and that investment is more likely in
cities with the higher quality General Plans. She said that although the fee is not huge,
it should not be on the backs of those planning new construction because all existing
residents benefit.
PUBLIC SPEAKER: Clint Larimare, Riverside Building Industry Association (BIA) - Mr.
Larimare provided a written response to the fee study which has been included in the
agenda packet. Mr. Larimare said that the Coachella Valley economy is OK, but
housing permits are stagnant. In addition, his organization is not a fan of General
Plan surcharges because it is not seen as equitable since General Plans benefit the
entire city. He asked that new fees become effective in six to twelve months rather
than 60 days to protect developers who have projects in the works. Mr. Larimare
asked that staff continue to work with the BIA as there are still some issues they wish
to address.
Mayor Evans declared the PUBLIC HEARING CLOSED at 6:05 p.m.
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ClearSource Financial Consultant Madsen reported that, according to online sources,
General Plan fees charged by the three Valley cities are:
• Desert Hot Springs: 5% of building permit fee
• Palm Springs: 6% of building permit fee
• Cathedral City: $0.50 per $1000
He said that the proposed General Plan surcharge is not intended to recover 100%
from development community; the City covers a significant amount. The goal is to
recover approximately $89,000 a year from development community.
Councilmembers discussed how to establish a fair ratio between payments by the
development community and that paid by the City for its citizens who benefit from a
quality General Plan; for appeal fees, charging a greater percentage of full cost
recovery as Appellants move up in the appeal process - include in next fee schedule;
the jump in the short-term vacation rental (STVR) fee, and; the need for the
technology fee.
Mayor Evans requested that Applicants be notified immediately that fee increases will
go into effect in 60 days so they can take advantage of the current fees if possible.
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
adopt Resolution No. 2016-035 as amended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
ADOPTING A REVISED SCHEDULE OF VARIOUS USER AND REGULATORY FEES AS
RECOMMENDED TO GO INTO EFFECT IN 60 DAYS, EXCEPT THE HOURLY RATES
FOR PLANNING, PUBLIC WORKS AND BUILDING WILL ALL BE SET AT $152 WITH
FULL COST RECOVERY PHASED IN, THE STVR FEE WILL BE $100 WITH FULL COST
RECOVERY PHASED IN, AND THE GENERAL PLAN SURCHARGE WILL BE
ELIMINATED AND CONSIDERED AT A LATER DATE.
Motion passed unanimously.
2. CONTINUED FROM JULY 19, 2016: ADOPT RESOLUTION TO APPROVE
TENTATIVE TRACT MAP 36817 TO SUBDIVIDE APPROXIMATELY 4.6 -ACRE SITE
INTO 10 RESIDENTIAL LOTS AND FIND THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15332
(CLASS 32) [Resolution No. 2016-036]
Principal Planner Jay Wuu presented the staff report, which is on file in the City Clerk's
Office.
Mayor Evans declared the PUBLIC HEARING OPEN at 6:31 p.m.
PUBLIC SPEAKER: - None
Mayor Evans declared the PUBLIC HEARING CLOSED at 6:31 p.m.
MOTION - A motion was made and seconded by Councilmembers Osborne/Radi to
adopt Resolution No. 2016-036 as recommended:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A PROPOSAL TO SUBDIVIDE AN APPROXIMATELY 4.6 ACRE SITE
INTO TEN RESIDENTIAL LOTS AND FINDING THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; CASE NUMBER: TENTATIVE TRACT
MAP 36817 (TTM 2014-1004); APPLICANT: ESSI SHAHANDEH
Motion passed unanimously.
DEPARTMENT REPORTS
Facilities Director Howlett provided an update on Temporary Use Permit application
expected from Vermillion Promotions which will be for a multifaceted event on the
Civic Center Campus.
Councilmembers discussed the difference between this event and other arts -related
events and the need for sufficient distinction; the variety of art and experiences the
events provide to residents and visitors; ensuring that dates don't conflict; City
participation as host either for first event or once it proves its value, and; considering a
City contribution that is not a direct monetary grant but perhaps a public service such
as purchasing entry tickets and distributing to schools, or paying rent for a local art
section.
MAYOR'S AND COUNCIL MEMBER'S ITEMS
Mayor Evans commended the Sherriff's Department team on the expert handling and
safety provided to residents during the carjacking incident on July 28`h.
Mayor Evans reported on the brainstorming session she attended for an east Valley
advisory group focused specifically on the destination development plan.
Councilmember Radi reported on the Riverside County Transportation Commission
letter he distributed regarding the recent settlement.
REPORTS AND INFORMATIONAL
La Quinta's representative for 2016, Councilmember Pena reported on his
participation in the following organization meeting:
• CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE
• CANNABIS AD HOC COMMITTEE
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Franklin/Radi to adjourn at 6:50 p.m. Motion passed unanimously.
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Respectfully submitted,
/,"/ .. "_Gii+ /uocJ pVe '-/ 09211 e
y eieoc
ifit' SUSAN MAYSELS, City Clerk
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