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CC DM 20160719 B - 20160621 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 21, 2016 The meeting was called to order at 6:05 P.M. by Mayor Dyda at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Duhovic, Misetich, and Mayor Dyda ABSENT: Brooks and Campbell Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk; and, Carla Morreale, City Clerk. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) None. CLOSED SESSION ITEMS ANNOUNCED: City Manager Willmore announced the item to be discussed in Closed Session. RECESS TO CLOSED SESSION: At 6:06 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:06 P.M. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda ABSENT: None Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Nicole Jules, Deputy Director of Public Draft City Council Minutes June 21, 2016 Page 1 of 13 Works; Trang Nguyen, Deputy Director of Finance; Kit Fox, Senior Administrative Analyst; Daniel Trautner, Recreation Services Manager; Julie Peterson, Code Enforcement Officer; Teresa Takaoka, Deputy City Clerk; and, Carla Morreale, City Clerk. Also present were the following: Captain Dan Beringer, Lomita Station, Los Angeles County Sheriff's Department; and Deputy City Attorney Christy Lopez. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Misetich. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following Closed Session item: 1) With respect to the item regarding Initiation of Litigation, a status report was provided and no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Dyda announced the annual 4t" of July Celebration to be held at the Civic Center/Pt. Vicente Park and invited all to attend; and, the first of four Movies in the Park events to be held at Hesse Park on June 25, 2016. Mayor Dyda congratulated Private Jonathan Misetich, son of Councilman Misetich, on his recent graduation from the United States Army Air Assault training. RECYCLE DRAWING: Mayor Dyda announced Recyclers of the Month from the June 6, 2016 City Council meeting: Sam Melvin and Mahmoud Ajang. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Draft City Council Minutes June 21, 2016 Page 2 of 13 PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Clerk Morreale reported that there were nine requests to speak on this item. Noel Weiss, Vista Verde Homeowners, provided comments regarding the burial of vaults on the rooftop of Inspiration Slope Mausoleum at Green Hills Memorial Park and his current public records request related to emails between City Manager Willmore and Green Hills Memorial Park. Sharon Loveys, provided comments regarding the investigative report pertaining to issues at the Pacific Terrace Mausoleum at Green Hills Memorial Park and possible mediation. Marty Foster, Rancho Palos Verdes; Mickey Rodich, Rancho Palos Verdes; Jim Lehman, Rancho Palos Verdes; and Jessica Vlaco, Rancho Palos Verdes, provided comments regarding community input sought and surveys taken regarding the Ladera Linda Master Plan; and spoke in opposition to the Movies in the Park program at Ladera Linda. Art Delacruz, Rancho Palos Verdes; Mark Mascola, Rancho Palos Verdes; and Jessica Vlaco, Rancho Palos Verdes, thanked the Council for their involvement regarding the Palos Verdes Peninsula School District proposed solar panel program at sixteen schools in the District. Minas Yerelian, Rancho Palos Verdes, provided comments and thanked the Staff and City Council for the beautiful trees recently planted in the center median along Hawthorne Blvd. April Sandell, Rancho Palos Verdes, provided comments regarding the Ladera Linda Master Plan; Shakespeare in the Park to be held at Green Hills Memorial Park; proposed park improvements at Eastview Park; and, her work to secure a meeting with state legislators or the City Attorney regarding the sale of her property to the developers of a project on Western Avenue. Ed Hummel, Rancho Palos Verdes, provided comments and noted concerns regarding potential crowds, trash, and other problems with an event such as Movies in the Park; and provided comments regarding the AYSO soil issue at Ladera Linda Park, noting that there was a formal complaint received by the Sheriff's Department which was investigated and resolved. Draft City Council Minutes June 21, 2016 Page 3 of 13 Sandy Valeri, Rancho Palos Verdes, provided comments regarding her concerns about the Movies in the Park at Ladera Linda Park; and the complaint issued against Ed Hummel and suggested that a formal commendation be provided for Sergeant Hummel. CITY MANAGER REPORT: City Manager Willmore announced that the City received a $144,000 grant from the California Natural Resources Agency for the relocation of the U.S. Coast Guard Lighthouse lens and new Whale Hunting exhibit at Pt. Vicente Interpretive Center, noting the grant will require the City to provide approximately $125,000 from the restricted donor fund to the project. CONSENT CALENDAR: City Clerk Morreale reported that no late correspondence was received and there were no requests to speak regarding the Consent Calendar. Mayor Dyda requested that Item K (Consideration and Possible Action to Approve a Maintenance Services Agreement with CleanStreet for Citywide Street Sweeping Services) be removed from the Consent Calendar for separate consideration. Mayor Pro Tem Campbell requested that Item F (Consideration and Possible Action to Approve a Lease Agreement with the Rancho de Los Palos Verdes Historical Society) be removed from the Consent Calendar for separate consideration. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, as amended, with Item F (Consideration and Possible Action to Approve a Lease Agreement with the Rancho de Los Palos Verdes Historical Society) and Item K (Consideration and Possible Action to Approve a Maintenance Services Agreement with CleanStreet for Citywide Street Sweeping Services) removed from the Consent Calendar and to be heard after Regular Business. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes Draft City Council Minutes June 21, 2016 Page 4 of 13 Approved the Minutes of the May 17, 2016 Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2016-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Consideration and Possible Action to Approve the Draft Emergency Preparedness Committee (EPC) FY16-17 Work Plan Approved the proposed Draft FY16-17 City of Rancho Palos Verdes Emergency Preparedness Committee (EPC) Work Plan for inclusion in the FY16-17 City Budget. Consideration and Possible Action to Approve the First Amendment to the Agreement between the City of Rancho Palos Verdes and Graffiti Protective Coatings, Inc. for Graffiti Abatement Services 1) Approved the First Amendment to the current Agreement; and, 2) Authorized the Mayor and City Clerk to execute the agreement with Graffiti Protective Coatings, Inc. for graffiti abatement services and extend the term of the agreement to June 30, 2017. Consideration and Possible Action to Approve a Lease Agreement with the Rancho de Los Palos Verdes Historical Society This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Approve the Amendment to the Agreement with All City Management Services for School Crossing Guard Services through the 2016-2017 School Year 1) Approved the amendment to extend the agreement with All City Management Services (ACMS) for an amount not to exceed of $66,120 to provide 3,894 hours of crossing guard services for the 2016-2017 school year at Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, Silver Spur Elementary School and the intersection of Palos Verdes Drive East (PVDE) and Miraleste Drive; 2) Approved the placement of an additional school crossing guard as requested and to be funded by the PVPUSD; and, 3) Authorized the Mayor and City Clerk to execute the Amendment. Consideration and Possible Action to Adopt a Resolution Establishing the City's Appropriation Limit for FY16-17 ADOPTED RESOLUTION NO. 2016-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FY16-17. Draft City Council Minutes June 21, 2016 Page 5 of 13 Consideration and Possible Action regarding the 2017 Five -Year Financial Model Approved the 2017 Five -Year Financial Model. Consideration and Possible Action to Award a Professional Services Agreement to John L. Hunter and Associates, Inc. for Stormwater Quality Consulting Services 1) Adopted the Enhanced Watershed Management Program (EWMP) developed by the Peninsula Watershed Management Group (WMG) and recently approved by the Regional Water Quality Control Board; 2) Awarded a four-year Professional Services Agreement to John L. Hunter and Associates, Inc., in the amount of $690,784 for stormwater quality consulting services including implementation of National Pollutant Discharge Elimination System (NPDES) Permit requirements, implementation of the EWMP in conjunction with other agencies party to the Peninsula WMG and coordination of the CIMP on behalf of the Peninsula WMG; and, 3) Authorized the Mayor and City Clerk to execute the agreement subject to approval as to form by the City Attorney. Consideration and Possible Action to Approve a Maintenance Services Agreement with CleanStreet for Citywide Street Sweeping Services This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Approve a Professional Services Agreement with Charles Abbott Associates, Inc., for the Implementation of the Source Reduction and Recycling Element of the AB 939 Solid Waste and Recycling Program 1) Awarded a professional services agreement for Source Reduction and Recycling Element (SRRE) implementation and other solid waste services to Charles Abbott Associates, Inc. for FY16-17 and FY17-18; 2) Authorized the annual expenditure of up to $34,668, with an additional $5,000 for unanticipated costs for a total not to exceed of $39,668 each year for FY16-17 and FY17-18, respectively; and, 3) Authorized the Mayor and City Clerk to execute the agreement for SRRE implementation with Charles Abbott Associates, Inc., subject to approval as to form by the City Attorney. PUBLIC HEARINGS: Consideration and Possible Action to Conduct a Public Hearing and Adopt the Fiscal Year 2016-2017 Budget City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and there was one request to speak regarding this item. Draft City Council Minutes June 21, 2016 Page 6 of 13 Director of Finance Cullen provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Mayor Dyda declared the public hearing open. Noel Weiss, provided comments regarding the budget and adequate funds to pay for a portion of the Green Hills Memorial Park mediation, claims or lawsuit. Mayor Dyda declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2016-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2016-2017; and, 2) ADOPT RESOLUTION NO. 2016-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REVISING THE SALARY AND HOURLY SCHEDULE FOR THE COMPETITIVE, CONFIDENTIAL, MANAGEMENT AND PART-TIME POSITIONS, BY APPLYING THE COST OF LIVING ADJUSTMENT AGREED UPON WITH THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION; MAKING MISCELLANEOUS AMENDMENTS APPROVED BY CITY COUNCIL; AND RESCINDING RESOLUTION NO. 2015-112. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Dyda called a brief recess from 8:26 P.M. to 8:43 P.M. Consideration and Possible Action to Amend Municipal Code Section 12.08 to Establish a Procedure for the Trimming or Removal of View -Impairing City Trees City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and there was one request to speak regarding this item. Councilwoman Brooks moved to waive the staff report. Without objection, Mayor Dyda so ordered. Draft City Council Minutes June 21, 2016 Page 7 of 13 Mayor Dyda declared the public hearing open. Minas Yerelian, Rancho Palos Verdes, provided comments regarding his support of the planting of trees in the center median along Hawthorne Blvd. and suggested the planting of three trees for each tree that needs to be removed. Mayor Dyda declared the public hearing closed. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Duhovic to approve the staff recommendation to: INTRODUCE ORDINANCE NO. 583, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADDING SECTION 12.08.110 TO CHAPTER 12.08 OF THE MUNICIPAL CODE TO ESTABLISH A PROCEDURE FOR THE TRIMMING OR REMOVAL OF VIEW -IMPAIRING CITY TREES. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None 0:1610 11:4:Zo];_Tr]4►11Z11 Councilwoman Brooks suggested that the agenda be reordered to consider Item No. 4 (Consideration and Possible Action to Review Options to Address Community Concerns regarding Possible Soil Contamination at Palos Verdes Peninsula Unified School District's Ladera Linda Fields) due to the number of speakers present regarding this item. Without objection, Mayor Dyda so ordered. REGULAR BUSINESS: Consideration and Possible Action to Review Options to Address Community Concerns regarding Possible Soil Contamination at Palos Verdes Peninsula Unified School District's Ladera Linda Fields City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 11 requests to speak regarding this item. Senior Administrative Analyst Fox provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Draft City Council Minutes June 21, 2016 Page 8 of 13 Brent Daniel, volunteer Regional Commissioner, AYSO, provided comments regarding the AYSO program, noting that the children's safety has always been the primary concern of the organization, and adding that no one had reached out to the AYSO for information. Jennifer Taggart, Palos Verdes AYSO, Rancho Palos Verdes, provided comments regarding the imported soil and the many issues that have been raised regarding the source of the soil which reportedly came from a residential lot on Sharynne Lane in Torrance. She added that the soil was tested based on Department of Toxic Substances Control (DTSC) and Los Angeles Unified School District guidelines and was clean, with a level of detection above laboratory limits for certain organic chlorine pesticides. Alan Kossoff, former volunteer Regional Commissioner, Palos Verdes AYSO, reported on the volunteer activities and improvements to the Ladera Linda Upper Fields for soccer use over the years; and the comprehensive report provided to the Council regarding the testing of the soil, which was brought in to level the soccer fields. Barry Hildebrand, Rancho Palos Verdes, provided comments regarding the site used by the AYSO organization and concerns raised regarding the soil imported to the soccer fields at the Ladera Linda site, which is the former Portuguese Bend Intermediate School site, opining that the soil has been imported from more than one location. Barry Yudess, Rancho Palos Verdes, provided comments regarding a public records request related to the soils issue at Ladera Linda soccer fields and the results of the soil testing by Alta Environmental. Joan Davidson, provided comments regarding the visual observations by a representative of the PVPUSD of the soil that was imported to the Ladera Linda soccer fields and concerns that the soil may be contaminated, noting the Alta Environmental results should be provided to the public by the PVPUSD. Sandy Valeri, Rancho Palos Verdes, provided comments regarding the soil and testing conducted, noting that the results were obtained through a public records request of the PVPUSD which indicated the soil was contaminated. Discussion continued among Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Misetich, to: 1) Approve Option 3: Defer to On -Going Investigations — As noted in the staff report, DTSC, AQMD and other agencies are currently investigating the circumstances surrounding the placement of this soil on the Ladera Linda Fields. It is possible that the outcome of these investigations may result in the removal of the soil and the remediation of any contamination that may be found. If, as a result of these investigations, no contamination is found or any contaminated soil found is removed, the City may then choose to accept this determination to accept this determination as final and take no Draft City Council Minutes June 21, 2016 Page 9 of 13 further action; 2) Direct the Mayor and City Manager Willmore to meet before the next Council Meeting with the PVPUSD Superintendent and the President of the PVPUSD Board to expedite the soil investigation results; and, 3) Direct the Mayor and City Manager Willmore to establish groundwork for a Memorandum of Understanding between the City and PVPUSD regarding processes to be followed regarding similar issues in the future. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Councilman Duhovic moved to extend the meeting to 11:00 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. RECESS AND RECONVENE: Mayor Dyda called a brief recess from 10:36 P.M. to 10:43 P.M. Mayor Pro Tem Campbell left the meeting at 10:36 P.M. Consideration and Possible Action to Modify the Rancho Palos Verdes Municipal Code to Address Repeat Code Violations City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Code Enforcement Officer Peterson provided a brief staff report. Discussion ensued among Council Members, staff, and Deputy City Attorney Lopez. Councilman Misetich moved, seconded by Councilman Duhovic, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2016-28, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE; and, 2) INTRODUCE ORDINANCE NO. 584, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 1.08.010 OF CHAPTER 1.08 AND SECTIONS 1.16.010 AND 1.16.110 OF CHAPTER 1.16 OF THE MUNICIPAL CODE TO CLARIFY THAT VIOLATIONS OF CONDITIONS IMPOSED BY ANY CITY APPROVAL SHALL CONSTITUTE A VIOLATION OF THE CODE; AND INCREASING TO A MISDEMEANOR ANY INSTANCE OF FOUR OR MORE VIOLATIONS WITHIN A YEAR. Draft City Council Minutes June 21, 2016 Page 10 of 13 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell Consideration and Possible Action to Approve the Memorandum of Understanding (MOU) with the other Peninsula Cities and the Agreement with Vigilant Solutions for the Regional Automated License Plate Recognition (ALPR) Camera Project Councilman Duhovic moved to waive the staff report. Without objection, Mayor Dyda so ordered. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: 1) Approve the Memorandum of Understanding (MOU) between the four Peninsula cities for the regional Automated License Plate Recognition (ALPR) project; 2) Approve the Agreement with Vigilant Solutions for the purchase and installation of ALPR cameras on behalf of the four Peninsula cities, and authorize the one-time and ongoing costs; and, 3) Authorize funding in the amount of $40,000 for Public Works to prepare camera sites located in Rancho Palos Verdes. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell Consideration and Possible Action to Approve a Lease Agreement with the Rancho de Los Palos Verdes Historical Society City Clerk Morreale reported that this item was removed from the Consent Calendar by Mayor Pro Tem Campbell. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: Approve a lease agreement with the Rancho de Los Palos Verdes Historical Society for the placement of a 560 -square -foot trailer for the storage and curation of artifacts at City Hall. The motion passed on the following roll call vote: Draft City Council Minutes June 21, 2016 Page 11 of 13 AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell Consideration and Possible Action to Approve a Maintenance Services Agreement with CleanStreet for Citywide Street Sweeping Services City Clerk Morreale reported that this item was removed from the Consent Calendar by Mayor Dyda. In response to a question by Mayor Dyda, Director of Public Works Throne stated that staff would work with EDCO to provide clarification to the residents regarding the 24 days each year that street sweeping would occur in their particular neighborhood. Councilman Duhovic moved, seconded by Councilwoman Brooks, to: 1) Award a maintenance contract for Citywide street sweeping services for FY16-17 through FY19- 20 to CleanStreet; 2) Authorize the Mayor and City Clerk to execute the agreement with CleanStreet for street sweeping services; 3) Approve an additional annual budget appropriation of $35,000 to increase the frequency of residential street sweeping during the term of the agreement; and, 4) Assign the administration of the street sweeping services to EDCO Disposal Corporation (EDCO), as per the City's current contract with EDCO. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell Councilman Duhovic moved to extend the meeting to 11:04 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. STUDY SESSION: DISCUSSION TOPICS: Review of Tentative Agendas and Council Goals and Priorities Discussion ensued among Council Members, City Attorney Aleshire, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilman Misetich moved, seconded by Councilwoman Brooks, that the Council cancel the July 5, 2016 Regular Meeting, and schedule a meeting to be held on July 4, Draft City Council Minutes June 21, 2016 Page 12 of 13 2016 at 9:30 A.M. for one Closed Session item, the City Manager's Performance Evaluation, with the meeting to be held at the City Hall/Civic Center in the Community Development Department Conference Room. Without objection, Mayor Dyda so ordered. By acclamation, the Tentative Agendas, as amended, was approved. Councilman Duhovic moved to extend the meeting to 11:15 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Enforcement regarding Council Protocol No. 14 (Brooks); Use of Bubbles the Whale Statue (Brooks) CITY COUNCIL ORAL REPORTS: This item was deferred to the next Regular Meeting. ADJOURNMENT: At 11:13 P.M., Mayor Dyda adjourned the meeting in the memory of Monsignor Felix Diomartich to an Adjourned Regular Meeting to be held at 9:30 A.M. on Monday, July 4, 2016 at the City Hall/Civic Center in the Community Development Department Conference Room. Attest: City Clerk WACity Council Minutes\2016\20160621 CC MINS DRAFT.docx Mayor Draft City Council Minutes June 21, 2016 Page 13 of 13