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CC DM 20180904 B - Minutes 20180731 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JULY 31, 2018 CALL TO ORDER: An Adjourned Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Brooks at 6:00 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Cruikshank, Dyda, and Mayor Brooks ABSENT: Duhovic* *Mayor Pro Tem Duhovic arrived at 6:04 P.M. Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney, Teresa Takaoka, Deputy City Clerk; and, Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session and noted that the Closed Session code use for Closed Session Item No. 5 no longer applies and recommended adding an urgency item using Government Code Section 54956.9 (d)(1). Mayor Brooks moved, seconded by Councilman Dyda, to add Closed Session Item No. 6 as an urgency item on the bases that the government code used for Closed Session Item No. 5 no longer applies due to a Writ of Mandate filed against the City. The motion passed unanimously by voice vote. Closed Session Item No. 6 was added. 1. PENDING LITIGATION – EXISTING LITIGATION (TWO CASES) GC SECTION 54956.9 (d)(1) Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court, Case No. YC072950 Name of case: City of Rancho Palos Verdes v. Wickramarachchi, L.A. Superior Court, Case No. BC686940 DRAFT - City Council Minutes July 31, 2018 Page 2 of 14 2. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY GC SECTION 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation in one case. 3. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY GC SECTION 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation in one case. 4. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. 5. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY GC Section 54956.9(d)(2) and (e)(1) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on existing facts and circumstances that are not yet known to the potential plaintiff(s), there is a significant exposure to litigation against the local agency. 6. PENDING LITIGATION – EXISTING LITIGATION (TWO CASES) GC SECTION 54956.9 (d)(1) Name of case: Sandoval v. Colborn et al., Superior Court Case No. BS174053 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:05 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 7:10 P.M. the Closed Session was adjourned to the Regular meeting. DRAFT - City Council Minutes July 31, 2018 Page 3 of 14 REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 7:15 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; Elias Sassoon, Director of Public Works; Ron Dragoo, Principal Engineer; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Recreation and Parks; Matt Waters, Senior Administrative Analyst; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Allan Franz. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session Item Nos. 1, 2, 3, 4, and 6, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Brooks announced the passing of longtime resident Paul Hobus and expressed her condolences to the family. Mayor Brooks announced Recyclers of the Month from the July 17, 2018, City Council meeting: Colleen Stanovich and Joyce Kochanowski. She indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. She noted that in addition to winning the Recycler Drawing, the two individuals also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. DRAFT - City Council Minutes July 31, 2018 Page 4 of 14 APPROVAL OF THE AGENDA: Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported that there were two requests to speak. James Ko, International Youth Fellowship, announced upcoming events and invited all to their 2018 World Camp. SUNSHINE, requested that administrative reports be written with more specific and concise information. CITY MANAGER REPORT: City Manager Willmore announced that the 2017 Draft Portuguese Bend Feasibility Study is now available on the City website for review and invited the community to the Civic Center Master Plan Open House on Wednesday, August 8th at 6:00 PM to 8:00 PM at Point Vicente Interpretive Center. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items F and G and there were requests to speak on Items C, F, and G. Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to approve the Consent Calendar with Items C, F, and G removed and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None DRAFT - City Council Minutes July 31, 2018 Page 5 of 14 A. 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. B. Consideration and possible action to award a contract for the design of structures to support the proposed ALPR Cameras along the Western Avenue corridor in the Eastview area. (1) Awarded a contract to NV5 for final design engineering services for the ALPR Western Avenue Corridor Project, in an amount of $29,800; and, (2) Authorized the Mayor and City Clerk to execute the Professional Services Agreement; subject to approval as to form by the City Attorney. C. Consideration and possible action to adopt a resolution to enter into a contract with the State Department of Transportation for acceptance of the grant from the Sustainable Transportation Planning Grant Program (Road Maintenance & Rehabilitation Account – Sustainable Communities) for the City's Peninsula-Wide Safe Routes to School Plan. This item was removed from the Consent Calendar for separate consideration. D. Consideration and possible action to award a construction contract for the Residential Street Rehabilitation Project Phase I, Area 8 PCC Improvements and AC Repairs (Area 8) to Hardy & Harper, Inc. for $2,243,500, and authorize a project contingency of $224,350. (1) Approved the plans and specifications for Area 8; and, (2) Awarded a construction contract to Hardy & Harper, Inc. in the amount of $2,243,500; and, (3) Authorized the City Manager or Director of Finance to execute amendments for project contingency up to an additional 10% ($224,350) of the project budget for a total construction authorization of $2,467,850; and, (4) Authorized the Mayor and City Clerk to execute the construction contract; subject to approval as to form by the City Attorney. E. Consideration and possible action to execute a Contract Services Agreement with Revenue & Cost Specialists, LLC for the preparation of a citywide Cost Allocation Plan and User Fee Study. Approved to execute a Contract Services Agreement with Revenue & Cost Specialists, LLC for the preparation of a citywide Cost Allocation Plan and User Fee Study. F. Consideration and possible action to receive the 2017 Annual Report for the Palos Verdes Nature Preserve. DRAFT - City Council Minutes July 31, 2018 Page 6 of 14 This item was removed from the Consent Calendar for separate consideration. G. Consider adopting a Resolution authorizing and then issuing two (2) legislative subpoenas in connection with the direction given by the City Council of the City of Rancho Palos Verdes on May 1, 2018, to undertake an investigation into possible violation(s) of the “closed session privilege” embodied in the Ralph M. Brown Act, Government Code § 54963, and under the oversight of the City Council ad hoc subcommittee authorized by Resolution No. 2018-25. This item was removed from the Consent Calendar for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: C. Consideration and possible action to adopt a resolution to enter into a contract with the State Department of Transportation for acceptance of the grant from the Sustainable Transportation Planning Grant Program (Road Maintenance & Rehabilitation Account – Sustainable Communities) for the City's Peninsula-Wide Safe Routes to School Plan. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there was one request to speak. Elias Sassoon, Director of Public Works, presented a staff report. Sharon Yarber, inquired as to when Staff was authorized to proceed with the grant application and what streets and schools will be affected by the project. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) adopt Resolution No. 2018-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, STATING THE TITLE OF THE CITY REPRESENTATIVE AUTHORIZED TO ENTER INTO A CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ACCEPTANCE OF A GRANT FROM THE CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM, AND STATING THE NAME OF THE GRANT PROJECT TITLE, FOR PURPOSES OF SATISFYING A CONDITION OF GRANT ACCEPTANCE IMPOSED BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION; and, (2) Authorize Staff to submit this project for funding consideration The motion passed on the following roll call vote: DRAFT - City Council Minutes July 31, 2018 Page 7 of 14 AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None F. Consideration and possible action to receive the 2017 Annual Report for the Palos Verdes Nature Preserve. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there were two requests to speak. Ara Mihranian, Director of Community Services presented a staff report. SUNSHINE, spoke in support of the 2017 Palos Verdes Nature Preserve Annual Report however urged Council to not approve the 2019 work plan until it is integrated with the updated trails plan. Paul Funk, Docents of Los Serenos De Point Vicente, expressed concern with a trail located below the Hardin House and parallel to Palos Verdes Drive South being replaced by plantings/shrubs if the Land Conservancy work plan is accepted. Mr. Funk informed the Council that the trail is used frequently during Docent guided tours and recommended that the trail be used as a multi-purpose loop trail that Docents, first responders, and school groups can use. Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy, gave a brief PowerPoint presentation and reviewed the Palos Verdes Nature Preserve 2017 Annual Report. Ms. Vona also responded to Mr. Funk’s comments and stated that there were no plans to close any trails in the area. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Dyda, to receive and file the 2017 Annual Report submitted by the Palos Verdes Peninsula Land Conservancy regarding its management activities for the Palos Verdes Nature Preserve. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None G. Consider adopting a Resolution authorizing and then issuing two (2) legislative subpoenas in connection with the direction given by the City Council of the City of Rancho Palos Verdes on May 1, 2018, to undertake an investigation into possible violation(s) of the “closed session privilege” DRAFT - City Council Minutes July 31, 2018 Page 8 of 14 embodied in the Ralph M. Brown Act, Government Code § 54963, and under the oversight of the City Council ad hoc subcommittee authorized by Resolution No. 2018-25. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there were two requests to speak. Al Edgerton, requested that a staff report be presented. Bill Wynder, City Attorney, presented a staff report. Sharon Loveys, stated a mediation initiated by Green Hills is scheduled for Monday. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to (1) adopt Resolution No. 2018-50, A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE ISSUANCE OF TWO (2) LEGISLATIVE SUBPOENAS FOR THE PERSONAL APPEARANCE AND EXAMINATION OF INDIVIDUALS IN CONNECTION WITH THE CITY COUNCIL INVESTIGATION INTO POSSIBLE VIOLATIONS OF THE RALPH M. BROWN ACT; and, (2) Direct the City Clerk to attest to the two (2) legislative subpoenas authorized by resolution and authorize the Mayor to sign the same on behalf of the City The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC HEARINGS: 1. Consideration and possible action to adopt an adjustment to the existing annual sewer service charge for the Abalone Cove Sewer System. City Clerk Colborn reported that notice of the public hearing was duly published, late correspondence was received and distributed prior to the meeting, and there were no requests to speak. Mayor Brooks declared the public hearing open. Mayor Pro Tem Duhovic moved to waive the staff report on this item. Without objection, Mayor Brooks so ordered. DRAFT - City Council Minutes July 31, 2018 Page 9 of 14 With no requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to adopt Resolution No. 2018-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2018-19, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Brooks called for a brief recess at 8:12 P.M. The meeting reconvened at 8:24 P.M. REGULAR BUSINESS: 2. Consideration and possible action to receive an update regarding the project status for the equestrian trail along Palos Verdes Drive East from Bronco Drive to Lower Headland Drive. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were eight requests to speak. Elias Sassoon, Director of Public Works, presented a staff report and PowerPoint presentation. Doug Allen and Darlene Sampson spoke in opposition of the project stating the proposed improvements would affect their property negatively and urged the Council to consider other solutions. Evie Hunter, Jean Longacre, Sharon Yarber, SUNSHINE, Madeline Ryan, and Minas Yerelian spoke in support of the project. Discussion ensued among Council Members and Staff. Council provided direction to Staff with options being presented at a future meeting. 3. Consideration and possible action to (1) receive an update of the current parking and access situation throughout the Palos Verdes Nature Preserve and Open Space areas, and; (2) approve recommendations for Forrestal Reserve, Portuguese Bend Reserve, and Point Vicente Park/Civic Center. DRAFT - City Council Minutes July 31, 2018 Page 10 of 14 City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were 15 requests to speak. Cory Linder, Director of Recreation and Parks, and Matt Waters, Senior Administrative Analyst presented a staff report and PowerPoint presentation. Cathy Nichols, expressed her support for securing Burma Road, limiting and charging for parking, and not bussing visitors to Del Cerro Park. Melanie Ashe, urged the Council to close the entrances to the Nature Preserve until the many issues and concerns can be resolved. Ms. Ashe stated that the Preserve is a public safety hazard due to a lack of restroom facilities, the traffic conditions, the excessive noise, and the trash created by visitors. Sarah Kim, urged the Council to close the entrance to the Nature Preserve on Burma Road until the many issues and concerns can be resolved. Ms. Kim also expressed many concerns on the impacts that the entrance to the Preserve at Del Cerro Park has on area residents. Paul Kim, urged the Council for an overall solution to resolve the many issues at the different Nature Preserve entrances. Also expressed concern with the issuance of night time hike permits and the idea of night time parking stating it was unnecessary. Kathy Edgerton, expressed her support for securing the Nature Preserve entrance at Burma Road and suggested a locked gate at night; restricting parking at Crenshaw between Seacrest and Crest to the hours the Nature Preserve is open; an online reservation system as a measure to control access to the Preserve; continued research on the installation and implementation of parking pay stations; and expressed opposition to a shuttle service to transport Preserve visitors. Al Edgerton, reported that Andrea Vona, Executive Director of the Palos Verdes Peninsula Land Conservancy, responded to his request, the Land Conservancy will be moving their gathering area for their events away from the trail at Del Cerro Park. Allen Franz, requested that during the process of creating parking solutions that parking accommodations would be offered to those who volunteer at the Nature Preserve. SUNSHINE, express support of Staff recommendations but questioned long term solutions. Eva Cicoria, relayed suggestions on raising awareness and protecting the Nature Preserve. Thomas Olson, expressed concern with the unsafe conditions at Del Cerro Park and nearby neighborhoods because of the public entrance to the Nature Preserve and urged the Council for solutions. DRAFT - City Council Minutes July 31, 2018 Page 11 of 14 Mayor Pro Tem Duhovic moved to extend the meeting to 11:00 P.M. Without objection, Mayor Brooks so ordered. Rick Daniels, expressed his concern with Nature Preserve entrances in residential areas and urged the Council for parking and crowd control solutions. Bill Schurmer, commented on Staff’s work and their genuine caring for the overall community while being fiscally responsible in their recommendations for solutions. Gary Randall, Ladera Linda HOA, urged the Council to find solutions for crowd control and overflow parking and expressed support of an online reservation system for nonresidents. Hans Kuehl, spoke in support of an online reservation system for nonresidents. Herb Stark, expressed support for the report submitted by the Ladera Linda HOA and relayed information he submitted as late correspondence. Mickey Rodich, relayed suggestions stating that park hours should be clearly posted at all trailheads; because the Palos Verdes Peninsula Land Conservancy services the Nature Preserve they should be involved with creating solutions for crowd control and parking issues; and issues should be resolved and solutions implemented before the AYSO soccer season begins. Mayor Brooks called for a brief recess at 10:21 P.M. The meeting reconvened at 10:32 P.M. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved to extend the meeting to 12:00 P.M. Without objection, Mayor Brooks so ordered. Mayor Brooks moved, seconded by Councilman Alegria, to receive and file the presentation with direction given to Staff. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 4. Consideration and possible action to award a construction contract for the removal of the 17 existing parking spaces and construction of one (1) new parallel ADA (Americans with Disabilities Act) parking space along Park Place. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were three requests to speak. DRAFT - City Council Minutes July 31, 2018 Page 12 of 14 Elias Sassoon, Director of Public Works, presented a staff report and PowerPoint presentation. Barry Rodgweller and Thomas Olson spoke in support of the project and thanked the Council for their efforts to alleviate the congestion of visitors in residential areas surrounding Del Cerro Park. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to NOT award a construction contract to Colich and Sons. Alternatively, feedback and direction was given to Staff and will be presented at a future meeting. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 5. Consideration and possible action regarding approval of ongoing professional service agreements, amendments and blanket purchase orders for FY 18-19 in excess of $25,000 for various departments; and authorize the continued purchase of various goods and services as described below. City Clerk Colborn reported there were no requests to speak. Mayor Brooks moved to waive the staff report on this item. Without objection, Mayor Brooks so ordered. Mayor Brooks moved to extend the meeting to 12:15 P.M. Without objection, Mayor Brooks so ordered. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Approve the ongoing professional service agreements, authorize the City Manager to execute the amendments contingent upon approval of amendments by the City Attorney as to form, and approve blanket purchase orders for FY 18-19 in excess of $25,000 for various City Departments as described below; and, (2) Approve additional appropriation of $100,982 in Proposition A Fund for Palos Verdes Transit Authority. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None DRAFT - City Council Minutes July 31, 2018 Page 13 of 14 6. Consider contract amendments for professional services with Interwest for various professional services, Psomas for inspection services, Fire Grazers for additional areas and Rigg Consulting for additional plan check services. City Clerk Colborn reported there were no requests to speak. Mayor Brooks moved to waive the staff report on this item. Without objection, Mayor Brooks so ordered. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Dyda, to (1) Authorize the City Manager to execute the contract amendment, in a form approved by the City Attorney, for an increase in contract authority for professional on-call services with Interwest from $60,000 to $213,864 for various professional services; and, (2) Authorize the City Manager to execute the contract amendment, in a form approved by the City Attorney, for inspection services with Psomas for the Storm Drain Deficiency Improvement Project from $78,620 to $140,360.25; and, (3) Authorize the City Manager to execute the contract amendment, in a form approved by the City Attorney, for maintenance services with Fire Grazers from $86,143 to increase to $145,161 in FY 17- 18; and, (4) Authorize the City Manager to execute the contract amendment, in a form approved by the City Attorney, for professional services with Rigg Consulting for $20,000 to increase to $24,325 in FY 17-18. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Mayor Brooks requested a letter of support for the Yes on Prop 6 – Gas Tax Repeal Campaign. Councilman Alegria requested feedback from Staff regarding the City’s participation in the Los Angeles County Homeless Initiative. CITY COUNCIL ORAL REPORTS: Mayor Brooks moved to waive the City Council Oral Reports. Without objection, Mayor Brooks so ordered. DRAFT - City Council Minutes July 31, 2018 Page 14 of 14 ADJOURNMENT: At 12:08 P.M., Mayor Brooks adjourned to 6:00 P.M. on August 7, 2018, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. Mayor Brooks adjourned in memory of longtime resident Paul Hobus. /s/Susan Brooks Mayor Attest: /s/Emily Colborn City Clerk