CC 01-21-2020 (Special) CUPERTINO APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, January 21, 2020
SPECIAL CITY COUNCIL MEETING
At 5:00 p.m. Mayor Steven Scharf called the Special City Council meeting to order in the
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
ROLL CALL
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Present: Mayor Steven Scharf,Vice Mayor Darcy Paul, and Councilmembers Liang Chao and a
Rod Sinks. Absent:Jon Robert Willey
CLOSED SESSION
1. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95). Claimant:
Deborah Martinez. Agency Claimed Against: City of Cupertino.
In open session,Mayor Scharf reported that Council provided direction to outside counsel
as to a workers' compensation matter entitled: Deborah Martinez vs. City of Cupertino,
WCAB Case #: ADJ9575169
1a. Subject: Conference with Legal Counsel - Anticipated Litigation; Initiation of litigation
pursuant to Government Code Section 54956.9(d)(4): One potential case (joining an
amicus brief).
In open session, Mayor Scharf reported that Council discussed with legal counsel an
invitation to sign on to the Cities and Counties Amicus Brief prepared by the City of Los
Angeles in litigation to protect immigrant children in detention currently pending in the
Ninth Circuit Court of Appeals. y
The Council gave its approval to the City Attorney to enter into the litigation, Jenney
Flores v.William Bar,No. 19-56326 (2019),by signing on to the Cities and Counties amicus
brief. The brief will urge the court to enforce the Flores settlement, which provides
protections for immigrant minors, and strike down new federal government regulations
pertaining to the detention of minors that do not include these protections.
City Council Minutes January 21,2020
This action was taken by the following vote:
AYES: Mayor Scharf,Vice Mayor Paul, and Councilmember Sinks.
NOES: None
ABSTAIN: Councilmember Chao
ABSENT: Councilmember Willey
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Darcy Paul (left dais 5:35 p.m. to 6:01 p.m.), and
Councilmembers Liang Chao and Rod Sinks. Absent:Jon Robert Willey
STUDY SESSION
2. Subject: Report on Homelessness
Recommended Action: Receive report and provide input to staff
Housing Manager Kerri Heusler reviewed the staff report and Associate Planner Erika
Poveda gave a presentation.
The following agencies gave presentations:
Santa Clara County Office of Supportive Housing Continuum of Care QI Manager
Kathryn Kaminski and Housing and Community Development Director Consuelo
Hernandez on "SCC Supportive Housing System"
West Valley Community Services Associate Executive Director Sujatha Venkatraman on
"Haven to Home"
De Anza College Vice President of Student Services Rob Mieso on "Student Housing
Insecurity and Homelessness"
Mayor Scharf opened public comment and the following people spoke:
Jennifer Griffin- county involvement, camping along 280, affordability for students.
Christine Espinosa Pel (Cupertino resident) ceded her time to Genevieve Kolar.
Genevieve Kolar (Sunnyvale resident), Foothill-De Anza Board of Trustees Student
Representative- legislative involvement, employer accountability, college employment,
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investment in transit, affordable housing, and sheltering programs, partnering with De
Anza-Foothill district, policies on landlords and student rent control. 9
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Mayor Scharf closed public comment.
Councilmembers made comments and asked questions.
Council received the report and provided the following input to staff:
1. Explore a Home Match Program with De Anza College and the City Senior Center;
2. Address the lack of hygiene services available in Cupertino;
3. Increase efforts to provide transportation to/from service providers and explore
funding bus passes;
4. Establish a rotating emergency shelter or safe car park program;
5. Research Governor's $1.4 billion pledge towards homelessness, work with local
agencies and service provides to connect with local funding;
6. Review the City's Housing and Human Services Grant funds: 1. consider increasing
the amount of General Fund Human Services Grant funds directed towards
homelessness, 2. review the Below Market Rate Affordable Housing Fund to
determine if funds can be used for emergency financial assistance programs;
7. Plan out capital costs for future buildings to incorporate amenities for homeless
individuals.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:55 p.m. Mayor Steven Scharf called the Regular City Council meeting to order in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
Allegiance.
Councilmember Willey arrived and announced that he was not feeling well and would not be
present at the meeting.
ROLL CALL
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Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao and
Rod Sinks. Absent:Jon Robert Willey
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Presentation from Cupertino Elementary School ROBO Champs regarding their
response to the Lego Robotics theme of "Identifying a problem in public space and
proposing a solution."
Recommended Action: Receive presentation from Cupertino Elementary School ROBO
Champs regarding their response to the Lego Robotics theme of "Identifying a problem
in public space and proposing a solution."
First Lego League members Sanshray, Ahan, Aditya, Shreyan, and Arnav gave a
presentation.
Council received the presentation from Cupertino Elementary School ROBO Champs
regarding their response to the Lego Robotics theme of"Identifying a problem in public
space and proposing a solution."
2. Subject: Presentation from CalTutors on"Inspiring Young Students Through Free STEM
Training"
Recommended Action: Receive presentation from CalTutors on "Inspiring Young
Students Through Free STEM Training"
Raj Palled from CalTutors gave a presentation.
Council received the presentation from CalTutors on "Inspiring Young Students
Through Free STEM Training."
POSTPONEMENTS
3. Subject: Municipal Code Amendments to the Cupertino Municipal Code, Repealing and
replacing Cupertino Municipal Code Chapter 5.50 of Title 5 (Business Licenses and
Regulations), adopting new policies to regulate the sale of tobacco, such as prohibiting
the sale or distribution of electronic cigarette products, extending the look back period
for permit suspensions from 24 months to 60 months, and amending the administrative
appeal process for permit violations has been continued to February 4.
Recommended Action: This item has been continued to February 4. No Council action
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is required.
Municipal Code Amendments to the Cupertino Municipal Code, Repealing and
replacing Cupertino Municipal Code Chapter 5.50 of Title 5 (Business Licenses and
Regulations), adopting new policies to regulate the sale of tobacco, such as prohibiting
the sale or distribution of electronic cigarette products, extending the look back period
for permit suspensions from 24 months to 60 months, and amending the administrative
appeal process for permit violations was continued to February 4. This item will be re-
noticed.
City Clerk Kirsten Squarcia announced that the City Manager continued item 12. De Anza Hotel
to a date-certain on Tuesday, March 3, to allow adequate review and response to a comment
letter received on January 20, 2020, from Lozeau and Drury, LLP on behalf of the Laborers
International Union of North America, Local Union 270. The postponement would allow the
City's environmental consultant and city staff to prepare an analysis and response.The applicant
was in agreement with this delay.
ORAL COMMUNICATIONS
Paige Fennie (Oakland resident) on behalf of Laborers International Union of North America,
Local No. 270, talked about the continuation of item 12 for the proposed De Anza Hotel project.
Jennifer Griffin—talked about SB 50 being reintroduced, gut and amend on bills, and HB 2001 in
Oregon.
Anjali Kausar on behalf of Cupertino Chamber of Commerce,talked about the Chamber Business
Directory and upcoming events Restaurant Week, Summer Camp Fair, and Lunar Lew Year j
luncheon.
Charlene Lee (Cupertino resident) talked about her arrest at Monta Vista High School and her
police report issue.
Lisa Warren asked about the use of the data results for the Building Permit Feedback Survey and
the definition of retail for the public/as a community benefit at Main Street.
Kitty Moore (representing self) talked about the De Anza Hotel postponement and researching
whether information needs to be reviewed again by the Environmental Review Committee,
Design Review Committee, and Planning Commission.
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John Vidovich (Los Altos Hills), said he was available to answer questions for anyone who may
have attended for the hearing and discussed the comment letter.
REPORTS BY COUNCIL AND STAFF (10 minutes)
4. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.
CONSENT CALENDAR
Paul moved and Scharf seconded to approve items on the Consent Calendar as presented
except for item numbers 6 and 9 which were pulled for discussion. Ayes: Scharf, Paul, Chao
and Sinks. Noes: None. Abstain: None. Absent:Willey.
5. Subject: Approve the December 17 City Council minutes
Recommended Action: Approve the December 17 City Council minutes
6. Subject: Resolutions declaring a Trusted System for the management and retention of
records and updating the City's Records Retention Schedule to authorize the destruction
of records without Council action.
Recommended Action: a. Adopt the Resolution No. 20-001 declaring a Trusted System
for the management of records and the automation of retention requirements and
adopting the Trusted Electronic System Policy instituting the city's standards for proper
management of records. (Attachment A); and b. Adopt the Resolution No. 20-002
rescinding Resolution No. 17-088 and adopting an updated Records Retention Schedule
for the City of Cupertino and authorizing the destruction of records. (Attachment B).
The following individuals spoke on this item:
Peggy Griffin—ensuring scan resolution and quality verification.
Staff answered questions from Council.
Paul moved and Scharf seconded to: a. Adopt the Resolution No. 20-001 declaring a
Trusted System for the management of records and the automation of retention
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requirements and adopting the Trusted Electronic System Policy instituting the city's
standards for proper management of records; and b. Adopt the Resolution No. 20-002
rescinding Resolution No. 17-088 and adopting an updated Records Retention Schedule
for the City of Cupertino and authorizing the destruction of records. The motion carried
unanimously with Willey absent.
7. Subject: Application for Alcohol Beverage License for Karao Tea Food, LLC (dba Crab
Lover), 10275 S. De Anza Boulevard i
Recommended Action: Recommend approval to the California Department of Alcoholic
Beverage Control of the application for Alcohol Beverage License for Karao Tea Food,
LLC (dba Crab Lover), 10275 S. De Anza Boulevard
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8. Subject:First Amendment to Agreement 2018-006, a Master Agreement between the City
of Cupertino and CSG Consultants, Inc. for consultant construction management
services on various capital improvement projects. No additional budget appropriations
are needed.
Recommended Action: Approve and Authorize City Manager to execute the First
Amendment to Agreement 2018-006, a Master Agreement between the City of Cupertino
and CSG Consultants, Inc., extending the term for one year to June 30, 2021 and
increasing the compensation by$300,000 for a total compensation of$800,000
9. Subject: Adopt 2020 Legislative Platform
Recommended Action: Adopt the City's proposed 2020 Legislative Platform.
Written Communications for this item included written comments from Councilmember
Sinks.
The following individuals spoke on this item:
Jennifer Griffin- platform is informative, means to join legislative conversation at
Sacramento level.
Dashiell Leeds on behalf of Sierra Club Loma Prieta Chapter- spoke and retracted his
comments.
Lisa Warren- Sand Hill's plans for an international K-12 private boarding school at El
Paseo and the effect on transit.
Paul moved and Scharf seconded to adopt the City's proposed 2020 Legislative Platform
with the recommendations as written, with no. 13 (on page 8) on transit as modified on
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the screen(and as follows):
13. Support transportation legislation that would provide direct tangible benefits to
Cupertino and the surrounding region, including:
a. reinforcing the importance of creating new transit on SR85 as well as I-280 that
bring people to the jobs-rich cities to the north and west of San Jose.
b. supporting the preservation of 2016 Measure B funds of $350 million, that are
dedicated to transit on SR85.
c. supporting funding of new transportation measures in an equitable manner.
The motion carried unanimously with Willey absent.
SECOND READING OF ORDINANCES
10. Subject: Adoption of Local Amendments to 2019 California Energy & Green Building
Standards Codes (Reach Code); determination that adoption of the proposed Ordinance
is not a project subject to CEQA, or that if it is a project, it is exempt from CEQA.
Recommended Action: Conduct the second reading and enact Ordinance No. 19-2193:
"An Ordinance of the City Council of the City of Cupertino Amending City Code
Chapters 16.54 and 16.58 Adopting the 2019 California Energy Code and Green Building
Standards Code with Certain Exceptions, Deletions, Modifications, Additions and
Amendments."
Written communications for this item included emails to Council.
Mayor Scharf opened public comment and the following individuals spoke:
Jennifer Griffin- power line bills, Oregon duplex law HB 2001, developers getting rid of
gas and passing on costs.
Rhoda Fry- (in favor) adopt tonight but add on to Building Code, need energy efficiency
in buildings.
Diane Bailey on behalf of Menlo Spark- (in favor) twelve cities taking action, electric
buildings becoming the norm, saves money
Dashiell Leeds, Sierra Club Loma Prieta chapter- (in' favor) strong electrification
component, more to do for climate action, adds to momentum across state.
Mayor Scharf closed public comment.
City Clerk Kirsten Squarcia read the title of Ordinance No. 19-2193: "An Ordinance of
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the City Council of the City of Cupertino Amending City Code Chapters 16.54 and 16.58
Adopting the 2019 California Energy Code and Green Building Standards Code with
Certain Exceptions, Deletions, Modifications, Additions and Amendments."
Sinks moved and Scharf seconded to read Ordinance No. 19-2193 b title only and that
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the City Clerk's reading would constitute the second reading thereof. Ayes: Scharf, Paul,
Chao and Sinks. Noes: None. Abstain: None. Absent: Willey. Recuse: None.
Sinks moved and Scharf seconded to enact Ordinance No. 19-2193. Ayes: Scharf, Paul,
Chao and Sinks. Noes: None. Abstain: None. Absent: Willey. Recuse: None.
Council recessed from 8:41 p.m. to 8:48 p.m.
PUBLIC HEARINGS
11. Subject: Vacate Portions of a Public Utility Easement for Water Line Purposes and a
Portion of an Emergency Access Easement Located at 23500 Cristo Rey Drive
Recommended Action: Conduct a public hearing, and;
1. Adopt Resolution No. 20-003 (Attachment A) to vacate portions of a public utility
easement for water line purposes located on 23500 Cristo Rey Drive
2. Adopt Resolution No. 20-004 (Attachment B) to vacate a portion of an emergency
access easement located on 23500 Cristo Rey Drive
Assistant Director of Public Works Chad Mosely reviewed the staff report.
Mayor Scharf opened the public hearing and seeing no speakers closed the public hearing.
Council conducted a public hearing; and
Paul moved and Scharf seconded to:
1. Adopt Resolution No. 20-003 to vacate portions of a public utility easement for water
line purposes located on 23500 Cristo Rey Drive; and
2. Adopt Resolution No. 20-004 to vacate a portion of an emergency access easement
located on 23500 Cristo Rey Drive. The motion carried unanimously with Willey absent.
12. Subject:Consider approving a new 155-room seven-story hotel(24-hour operations)with
underground parking,event meeting rooms, a ground floor restaurant with separate bar,
and a rooftop lounge with separate bar by demolishing a commercial building with an
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area of 8,323 sq. ft. City Actions would include General Plan Amendments to consider
amending Table LU-1 by increasing the development allocation of hotel rooms to 155
hotel rooms in the Homestead Special Area and Figure LU-1 to allow increased heights
and reduced building plane within the North De Anza Gateway specific to this
development. City permits would include: Development, Architectural and Site
Approval, and Use Permits. A Development Agreement is also proposed; (Application
No(s): GPA-2018-01, DP-2018-01, ASA-2018-02, DA-2018-01, U-2018-02, EA-2018-03;
Applicant(s): Sherly Kwok(De Anza Properties);Location: 10931 N De Anza Blvd.;APN
#326-10-061
Recommended Action: Conduct the public hearing and find:
That the City Council conduct a public hearing, consider the Planning Commission's
recommendation, and:
1. Adopt Resolution No. 20-005 adopting a Mitigated Negative Declaration, mitigation
measures, and a Mitigation Monitoring and Reporting Program (Attachment A).
2. Adopt Resolution No.20-006 approving a General Plan Amendment(Attachment B).
3. Adopt Resolution No. 20-007 approving a Development Permit (Attachment C).
4. Adopt Resolution No. 20-008 approving an Architectural and Site Approval Permit
(Attachment D).
5. Adopt Resolution No. 20-009 approving a Use Permit (Attachment E).
Introduce and waive the first reading of Ordinance No. 20-2195: "An Ordinance of the
City Council of the City of Cupertino Approving a Development Agreement for the
Development of a New 7-Story, 155 Room Hotel With Associated Site and Landscaping
Improvements Located at 10931 N. De Anza Blvd. (APN #326-10-061)" (Attachment F).
Written communications for this item included a comment letter from Lozeau and Drury,
LLP on behalf of the Laborers International Union of North America, Local Union 270.
Under Postponements, this item was continued to Tuesday, March 3.
ORDINANCES AND ACTION ITEMS
13. Subject: Abatement of public nuisance from weeds or other fire hazards pursuant to
provisions of Cupertino Municipal Code Chapter 9.08 and Resolution No. 19-141;
hearing for impacted property owners to contest the matter of proposed abatement.
Recommended Action: Adopt Resolution No. 20-010 ordering abatement of public
nuisance from weeds or other fire hazards pursuant to provisions of Cupertino
Municipal Code Chapter 9.08 and Resolution No. 19-141; and conduct hearing for
impacted property owners to contest the matter of proposed abatement.
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Written communications for this item included a presentation.
Councilmember Chao recused herself from this item and left the dais.
City Clerk Kirsten Squarcia reviewed the staff report an introduced Santa Clara County
Weed Abatement Inspector Brian Rosa and Weed Abatement Program Manager Moe
Kumre.
Weed Abatement Inspector Brian Rosa gave a presentation.
Mayor Scharf opened public comment and the following individuals spoke:
Liang Chao (representing self)- has completed property cleanup and requested removal
from the list.
Brent Bardsley (Cupertino resident)- 10408 Menhart, inspection without notice and then
added to list, has garden objectives (provided written comments).
Heidi Wong (Cupertino resident)- APN 326-41-032, no notice prior to County letter of
being added to Program, has cleaned up property, requested removal from list.
Mayor Scharf closed public comment.
Councilmembers made comments and asked questions.
Paul moved and Scharf seconded to continue this item to February 4. The motion carried
unanimously with Chao recused and Willey absent.
Councilmember Chao returned to the dais.
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14. Subject: Adopt subcommittee recommendations to improve commission and committee
engagement with Council, standardize protocol among commissions and committees,
and adopt an ordinance repealing Ordinance No. 006 regarding adoption of Robert's
Rules of Order and amending Chapter 2.08 of the Cupertino Municipal Code
accordingly.
Recommended Action: 1. Adopt the subcommittee's recommendations (Attachment A)
2. Conduct first reading of Ordinance No.20-2196: "An Ordinance of the City Council of
the City of Cupertino Repealing Ordinance No. 006 Regarding Adoption of Robert's
Rules of Order and Amending Chapter 2.08 of the Cupertino Municipal Code
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Accordingly"
Assistant to the City Manager Katy Nomura reviewed the staff report.
Mayor Scharf opened public comment and seeing no speakers closed public comment.
Councilmembers made comments and asked questions.
Paul moved and Scharf seconded to 1.Adopt the subcommittee's recommendations. The
motion carried unanimously with Willey absent.
City Clerk Kirsten Squarcia read the title of Ordinance No. 20-2196: "An Ordinance of
the City Council of the City of Cupertino Repealing Ordinance No. 006 Regarding
Adoption of Robert's Rules of Order and Amending Chapter 2.08 of the Cupertino
Municipal Code Accordingly"
Paul moved and Scharf seconded to read Ordinance No. 20-2196 by title only and that the
City Clerk's reading would constitute the first reading thereof with the following
amendments noted below. Ayes: Scharf, Paul, Chao, and Sinks. Noes: None. Abstain:
None. Absent: Willey. Recuse: None.
2. Conducted first reading of Ordinance No. 20-2196: "An Ordinance of the City Council
of the City of Cupertino Repealing Ordinance No. 006 Regarding Adoption of Robert's
Rules of Order and Amending Chapter 2.08 of the Cupertino Municipal Code
Accordingly."
15. Subject: Adopt the City of Cupertino Ethics Policy
Recommended Action: 1.Review and discuss Attachments A,B,and C in order to select
an Ethics Policy.
2. Adopt Resolution No. 20-011 adopting the selected Ethics Policy as the City of
Cupertino Ethics Policy.
Assistant to the City Manager Katy Nomura reviewed the staff report
Mayor Scharf opened public comment and the following individuals spoke:
Peggy Griffin (Cupertino resident)- (in favor) prefers option A, have procedures for
inappropriate behavior, moratorium on Councilmembers coming back and lobbying.
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Jeanne Bedord (Cupertino resident)- (in favor)prefers option A, contains important detail
on triggering violations, didn't address commission feedback for enforcement.
Mayor Scharf closed public comment.
Councilmembers made comments and asked questions.
Council 1. Reviewed and discussed Attachments A, B, and C in order to select an Ethics
Policy; and
Paul moved and Scharf seconded to:
2. Adopt Resolution No. 20-011, adopting the selected Ethics Policy as the City of
Cupertino Ethics Policy, with the code of ethics proposed in Attachment A Ethics Policy
(Based on Palo Alto), with the modification that subpoint D. Decisions Based on Merit
read "City elected/appointed officials and staff make their decisions in the best interest of
the City, which might include relevant policy considerations, rather than on unrelated
considerations." The motion carried unanimously with Willey absent.
16. Subject: Adopt Updated Community Funding Policy and Approve Community
Funding Grant Cap of$20,000 Per Applicant Per Year.
Recommended Action: Adopt Updated Community Funding Policy and Approve
Community Funding Grant Cap of$20,000 Per Applicant Per Year
Management Analyst Toni Oasey-Anderson gave a presentation.
Councilmembers made comments and asked questions.
Mayor Scharf opened public comment and the following individuals spoke:
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Neesha Tambe on behalf of the Parks and Recreation Commission- free events money
meant for community so disclosure upfront, Historical Society exclusion opens up
funding for new organizations.
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Mayor Scharf closed public comment.
Paul moved and Scharf seconded to adopt the Updated Community Funding Policy and
approve the Community Funding Grant Cap of $20,000 per applicant per year. The
motion carried unanimously with Willey absent.
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17. Subject: Approve the First Amendment to Employment Agreement for City Manager.
Recommended Action: Adopt Draft Resolution No. 20-012 approving the First
Amendment to Employment Agreement for City Manager and authorizing the Mayor
to execute the Amendment.
Director of Administrative Services Kristina Alfaro reviewed the staff report.
Mayor Scharf opened public comment and seeing no speakers closed public comment.
Councilmembers made comments and asked questions.
Paul moved and Chao seconded to adopt Resolution No. 20-012 approving the First
Amendment to Employment Agreement for City Manager and authorizing the Mayor to
execute the Amendment. The motion carried unanimously with Willey absent.
18. Subject: Appointment of Council Committee assignments
Recommended Action: Approve Council Committee assignments.
Mayor Scharf reviewed the process.
Paul moved and Chao seconded to approve Council Committee assignments. The motion
carried unanimously with Willey absent.
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Councilmember Sinks added to a future meeting a transportation impact fee study
(Sink/Paul/Scharf).
Councilmember Chao requested staff clarify the definition of "retail use" (Chao/Scharf).
Councilmember Chao added to the Work Plan adoption examining energy efficiency building
codes in line with other neighboring cities (Chao/Scharf/Paul).
Mayor Scharf added a future meeting consideration of expanding the Bicycle Pedestrian
Commission into the Bicycle Pedestrian and Transportation Commission and the membership
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from 5 to 7 members to (Scharf/Sinks).
City Manager Feng announced the first NASA Speaker Series talk with Jerry Davis was being
held on Wednesday, January 22 from 4 - 6 p.m. in Community Hall and the event would be
recorded.
Mayor Scharf announced the State of the City was being held on Wednesday, January 29 at
Quinlan Community Center.
ADJOURNMENT
At 11:40 p.m. on, Mayor Scharf adjourned the meeting.
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Kirsten Squarcia, City Clerk
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