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HomeMy WebLinkAboutCity Council Minutes 06/18/2012 June 18, 2012 Vol. 46, Page 47 4 --Q City of Petaluma, California 0. 1 MEETING OF THE CITY COUNCIL 1859 1 City Council Minutes 2 Monday, June 18, 2012 3 Regular Meeting 4 5 6 MONDAY, JUNE 18,2012 7 CLOSED SESSION -5:30 P.M. 8 9 CALL TO ORDER - CLOSED SESSION 10 11 A. Roll Call 12 13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 14 Mike Healy; Gabe Kearney; Tiffany Renee 15 Absent: None 16 17 CLOSED SESSION 18 19 CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. 20 Agency Designated Representatives: John Brown,Scott Brodhun, and Pamala Stephens. Employee 21 Organizations: AFSCME Unit 1 - Confidential, Unit 2 -Maintenance, Unit 3-Clerical/Technical, Petaluma 22 Professional & Mid-Manager Association Unit 4- Professional, Unit 9 -Mid-Managers, and Unit 11 - 23 Confidential, Peace Officers Association of Petaluma Unit 6- Police, International Association of Firefighters 24 Local, 1415 Unit 7- Fire, Unit 10-Public Safety Mid-Managers. 25 26 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Subdivision (a) of California Government Code 27 Section 54956.9: Baywood, LLC, vs. City of Petaluma, el al., Sonoma County Superior Court No. SCV 243426. 28 29 PUBLIC COMMENT ON CLOSED SESSION ITEMS 30 31 None. 32 33 ADJOURN TO CLOSED SESSION 34 35 36 37 MONDAY, JUNE 18, 2012 38 EVENING SESSION - 7:00 P.M. 39 40 41 CALL TO ORDER - EVENING SESSION 42 43 A. Roll Call 44 45 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Vol. 46, Page 48 June 18, 2012 1 Mike Healy; Gabe Kearney; Tiffany.Renee 2. Absent: None 3 4 B. Pledge of Allegiance 5 6 Bryant Moynihan, Petaluma 7 8 C. Moment of Silence 9 10 REPORT OUT OF CLOSED SESSION (Actions Taken) 11 12 None. 13 14 GENERAL PUBLIC COMMENT 15 16 Peter Tscherneff, Petaluma, spoke on law enforcement and foreclosures. 17 18 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. 19 20 Zen Destiny, Petaluma, spoke in support of the Lesbian, Gay, Bisexual and Transgender Pride 21 Month Proclamation. 22 23 Bryant Moynihan, Petaluma, spoke about the unfunded pension liability and the adopted 24 budget. 25 26 COUNCIL COMMENT 27 28 Mayor Glass 29 30 Council Member Harris 31 32 Council Member Albertson 33 34 Council Member Healy 35 36 Vice Mayor Renee 37 38 Mayor Glass 39 40 Council Member Barrett 41 42 Council Member Kearney 43 44 Mayor Glass 45 46 CITY MANAGER COMMENT 47 48 None. 49 50 PROCLAMATION 51 52 • Petaluma Lesbian, Gay, Bisexual and Transgender Pride Month - June 2012 June 18, 2012 Vol. 46, Page 49 1 2 Council Member Kearney 3 4 Mayor Glass 5 6 Kevin Jones, Petaluma, Out & Equal Workplace Advocates 7 8 Vice Mayor Renee 9 10 AGENDA CHANGES AND DELETIONS (To Current Agenda Only) 11 12 Mayor Glass 13 14 1. APPROVAL OF MINUTES 15 16 A. Approval of Minutes of Regular City Council Meeting of Monday, June 4, 2012. 17 18 Motion: Approve A. Minutes of Regular City Council Meeting of Monday, June 4, 19 2012, as,prebentec. 20 21 Moved by Teresa Barrett, seconded by Gabe Kearney. 22 23 Vote: Motion carried 6-0. 24 25 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 26 Gabe Kearney; Tiffany Renee 27 No: None 28 Absent: None 29 Abstain: Mike Healy 30 31 2. APPROVAL OF PROPOSED AGENDA 32 33 A. Approval of Proposed Agenda for Regular City Council Meeting of Monday, July 34 2, 2012. 35 36 Mayor Glass 37 38 Council Member Albertson 39 40 City Manager Brown 41 42 Mayor Glass 43 44 Motion: Approve A. Proposed Agenda for Regular City Council Meeting of 45 Monday, July 2, 2012, a4ypre4entec4. 46 47 Moved by David Glass, seconded by Teresa Barrett. 48 49 Council Member Albertson 50 51 City Manager Brown 52 Vol. 46, Page 50 June 18, 2012 1 Vote: Motion carried 7-0. 2 3 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 4 Mike Healy; Gabe Kearney; Tiffany Renee 5 No: None 6 Absent: None 7 Abstain: None 8 9 3. CONSENT CALENDAR 10 11 A. Resolution 2012-086 N.C.S. Authorizing City Manager to Sign Purchase Documents 12 for Eden Permitting Software. (Williamsen) 13 14 B. Resolution 2012-087 N.C.S. Approving Agreement Between Sonoma-Marin Area 15 Rail Transit District(SMART) and City of Petaluma to Allow City of Petaluma to Act 16 as a Pass Through Agency tor a $2,500,000 Federal Allocation for SMART Rail 17 Projects. (St. John/Rye) - Pudlecl for pu.hlfo cotnsnen.t 18 19 C. Resolution 2012-088 N.C.S. Accepting Bids and Awarding Contracts to the Lowest 20 Responsible Bidders for Furnishing Chemicals for Wastewater Treatment for Fiscal 21 Year 2012-2013 and Authorizing the City Manager to Execute the Necessary 22 Agreements or Purchase Orders. (St..John/Scherzinger) - +u.UecL fur pLARici 23 co mmaent 24 25 D. Resolution 2012-089 N.C.S. Authorizing the Purchase of One Replacement 26 Paratransit Van for Petaluma Paratransit. (Rye) -Pulled/for 27 28 E. Resolution 2012-090 N.C.S. Authorizing the Fire Department to Accept a Certified 29 Unified Program Agency (CUPA) Electronic Reporting Grant. (Anderson) 30 31 F. Resolution 2012-091 N.C.S. Adopting the Appropriations Limit for FY 2012-2013 and 32 Making the Annual Election for Adjustment Factors. (Mushallo) 33 34 Mayor Glass opened Public Comment on CONSENT CALENDAR items. 35 36 Zen Destiny, Petaluma, spoke in opposition to the SMART Train project, and in support of 37 testing the water for pharmaceuticals. 38 39 There being no other persons wishing to speak, Mayor Glass closed Public Comment on 40 CONSENT CALENDAR items. 41 42 Council Member Healy pulled Item 3.D for discussion. 43 44 Joe Rye, Transit Manager 45 46 Council Member Healy 47 48 Mr. Rye 49 50 Council Member Healy 51 52 Mr. Rye June 18, 2012 Vol. 46, Page 51 1 2 Council Member Healy 3 4 Mayor Glass 5 6 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B., 3.C, 3.D, 3.E, and 3.F. 7 8 Moved by Gabe Kearney, seconded by Teresa Barrett. 9 10 Vote: Motion carried 7-0. 11 12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 13 Mike Healy; Gabe Kearney; Tiffany Renee 14 No: None 15 Absent: None 16 Abstain: None 17 18 4. NEW BUSINESS 19 20 A. Resolution 2012-092 N.C.S. Approving the Project Budget and Authorizing Award 21 of Contract for the Petaluma Boulevard South Road Diet Project and a Resolution 22 Approving the Water Street Parking Project Design Scope. (St. John/Ahmann) 23 24 Larry Zimmer, Capital Improvements Engineering Manager, Public Works and 25 Utilities Department 26 27 Mayor Glass 28 29 Council Member Barrett 30 31 Mr. Zimmer 32 33 Council Member Barrett 34 35 Mr Zimmer 36 37 Council Member Renee 38 39 Mr. Zimmer 40 41 Erica Ahmann-Smithies, Capital Improvements Senior Civil Engineer 42 43 Council Member Barrett 44 45 Ms. Ahmann-Smithies 46 47 Council Member Barrett 48 49 Mayor Glass 50 51 Council Member Barrett 52 Vol. 46, Page 52 June 18, 2012 1 Mayor Glass 2 3 Ms. Ahmann-Smithies 4 5 Council Member Renee 6 7 Mayor Glass 8 9 Council Member Barrett 10 11 Mayor Glass 12 13 Council Member Albertson 14 15 Mayor Glass 16 17 Council Member Harris 18 19 Mr. Zimmer 20 21 Council Member Harris 22 23 Mr. Zimmer 24 25 Mayor Glass 26 27 Mr. Zimmer 28 29 Mayor Glass 30 31 Council Member Harris 32 33 Mr. Zimmer 34 35 Mayor Glass 36 37 Council Member Albertson 38 39 Mayor Glass 40 41 Council Member Albertson 42 43 Mayor Glass 44 45 Council Member Renee 46 47 Mr. Zimmer 48 49 Council Member Renee 50 51 Mr. Zimmer 52 June 18, 2012 Vol. 46, Page 53 1 Council Member Renee 2 3 Mayor Glass 4 5 Council Member Renee 6 7 Mr. Zimmer 8 9 Council Member Renee 10 11 Mr. Zimmer 12 13 Council Member Renee 14 15 Mr. Zimmer 16 17 Council Member Renee 18 19 Mr. Zimmer 20 21 Council Member Renee 22 23 Mr. Zimmer 24 25 Council Member Renee 26 27 Mr. Zimmer 28 29 Council Member Renee 30 31 Mr. Zimmer 32 33 Council Member Renee 34 35 Mr. Zimmer 36 37 Council Member Renee 38 39 Mayor Glass 40 41 Council Member Harris 42 43 Mayor Glass 44 45 Council Member Kearney 46 47 Mayor Glass 48 49 Council Member Healy 50 51 Mr. Zimmer 52 Vol. 46, Page 54 June 18, 2012 1 Council Member Healy 2 3 Mr. Zimmer 4 5 Council Member Healy 6 7 Mr. Zimmer 8 9 Council Member Healy 10 11 Mr. Zimmer 12 13 Council Member Healy 14 15 Mr. Zimmer 16 17 Council Member Healy 18 19 Mr. Zimmer 20 21 Council Member Healy 22 23 Mr. Zimmer 24 25 Council Member Healy 26 27 Mayor Glass 28 29 Mayor Glass opened Public Comment on Item 4.A. 30 31 Jeff Mayne, Petaluma, Petaluma Downtown Association, explained that the 32 Association feels both the Road Diet and the Water Street Parking Projects are 33 tied together, and thanked Public Works for their collaboration with the 34 Downtown Association. 35 36 Melissa Hatheway, Petaluma, Member, Pedestrian and Bicycle Advisory 37 Committee, spoke against the proposed water street plan. 38 39 There being no other persons wishing to speak, Mayor Glass closed Public 40 Comment on Item 4.A. 41 42 Council Member Renee 43 44 Mayor Glass 45 46 Mr. Zimmer 47 48 Council Member Renee 49 50 51 Mr. Zimmer 52 June 18, 2012 Vol. 46, Page 55 1 Mayor Glass 2 3 Council Member Barrett 4 5 Mr. Zimmer 6 7 Council Member Barrett 8 9 Mr. Zimmer 10 11 Council Member Barrett 12 13 Mr. Zimmer 14 15 Mayor Glass confirmed that there was Council consensus to direct staff to place 16 the Water Street Parking Design Scope on the next Pedestrian and Bicycle 17 Advisory Committee agenda, and to widely notice this meeting so that 18 additional public input could be obtained. Staff to then return to Council with this 19 information. 20 21 Council Member Renee 22 23 Mayor Glass 24 25 Council Member Barrett 26 27 Motion: Approve A. Resolution 2012-092 N.C.S. Approving the Project Budget and 28 Authorizing Award of Contract for the Petaluma Boulevard South Road Diet 29 Project. 30 31 Moved by Teresa Barrett, seconded by Tiffany Renee. 32 33 Council Member Healy 34 35 Council Member Harris 36 37 Mayor Glass 38 39 Council Member Albertson 40 41 Mayor Glass 42 43 Mr. Zimmer 44 45 Council Member Healy 46 47 Mr. Zimmer 48 49 Council Member Healy 50 51 Mr. Zimmer 52 Vol. 46, Page 56 June 18, 2012 1 Council Member Healy 2 3 Mr. Zimmer 4 5 Mayor Glass 6 7 Mr. Zimmer 8 9 Mayor Glass 10 11 Council Member Renee 12 13 Mr. Zimmer 14 15 Council Member Renee 16 17 Mr. Zimmer 18 19 Council Member Renee 20 21 Mayor Glass 22 23 Council Member Albertson 24 25 Mayor Glass 26 27 Council Member Barrett 28 29 Mayor Glass 30 31 Council Member Renee 32 33 Mayor Glass 34 35 Vote: Motion carried 4-3. 36 37 Yes: Teresa Barrett; David Glass; Gabe Kearney; Tiffany Renee 38 No: Chris Albertson; Mike Harris; Mike Healy 39 Absent: None 40 Abstain: None 41 42 Mayor Glass 43 44 City Attorney Danly 45 46 Mayor Glass 47 48 Mr. Zimmer 49 50 Council Member Kearney 51 52 Mr. Zimmer June 18, 2012 Vol. 46, Page 57 1 2 B. Resolution 2012-093 N.C.S. Approving the Project Budget and Authorizing Award 3 of Contract for the Petaluma Transit Facility Rehabilitation Phase I Project to R.E. 4 West Builders, Inc. (Rye) 5 6 Mayor Glass 7 8 Transit Manager Joe Rye 9 10 Council Member Kearney 11 12 Motion: Approve B. Resolution 2012-093 N.C.S. Approving the Project Budget and 13 Authorizing Award of Contract for the Petaluma Transit Facility Rehabilitation 14 Phase I Project to R.E. West Builders, Inc. 15 16 Moved by Gabe Kearney, seconded by Teresa Barrett. 17 18 Mayor Glass opened Public Comment on Item 4.B. 19 20 Bryant Moynihan, Petaluma, reminded the Council that the City had purchased 21 the building for less money than the project is coming in at. 22 23 There being no other persons wishing to speak, Mayor Glass closed Public 24 Comment on Item 4.B. 25 26 Vote: Motion carried 7-0. 27 28 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 29 Mike Healy; Gabe Kearney; Tiffany Renee 30 No: None 31 Absent: None 32 Abstain: None 33 34 C. Resolution Authorizing a Loan from the Storm Drainage Impact Fee Fund to the 35 Storm Water Utility Fund in an Amount Not to Exceed $1.6 Million. (Brown) 36 37 Mayor Glass 38 39 City Manager Brown 40 41 Mayor Glass 42 43 Mayor Glass opened Public Comment on Item 4.C. 44 45 Bryant Moynihan, Petaluma, discussed the negatives of borrowing money from 46 one fund to balance another. 47 48 Zen Destiny, Petaluma, ceded time to Bryant Moynihan. 49 50 There being no other persons wishing to speak, Mayor Glass closed Public 51 Comment on Item 4.C. 52 Vol. 46, Page 58 June 18, 2012 1 Mayor Glass 2 3 Council Member Healy 4 5 City Manager Brown 6 7 Council Member Healy 8 9 Mayor Glass 10 11 City Manager Brown 12 13 Council Member Healy 14 15 City Manager Brown 16 17 Council Member Barrett 18 19 City Manager Brown 20 21 Council Member Barrett 22 23 City Manager Brown 24 25 Mayor Glass 26 27 City Manager Brown 28 29 Mayor Glass 30 31 Council Member Barrett 32 33 Council consensus to continue this item until the July 2, 2012 Council 34 Meeting (after the special meeting of Monday, June 25, 2012 to discuss possibly 35 placing a sales tax measure on the November 6, 2012 ballot). 36 37 D. Resolution 2012-094 N.C.S. to Approve the City of Petaluma Investment Policy 38 and Delegate Investment Authority to the City Treasurer for Fiscal Years 2011-2012 39 and 2012-2013. (Mushallo) 40 41 Mayor Glass 42 43 Finance Director Bill Mushallo 44 45 Mayor Glass 46 47 Carlos Oblites, PFM Asset Management 48 49 Mayor Glass 50 51 Council Member Renee 52 June 18, 2012 Vol. 46, Page 59 1 Mayor Glass 2 3 Council Member Barrett 4 5 Mayor Glass 6 7 Council Member Albertson 8 9 Mr. Oblites 10 11 Mayor Glass 12 13 Council Member Healy 14 15 Mr. Oblites 16 17 Council Member Healy 18 19 Mr. Oblites 20 21 Council Member Healy 22 23 Mayor Glass 24 25 Mr. Oblites 26 27 Mayor Gloss 28 29 Council Member Harris 30 31 Mr. Oblites 32 33 Council Member Harris 34 35 Mr. Oblites 36 37 Mayor Glass 38 39 Council Member Healy 40 41 Motion: Approve D. Resolution 2012-094 N.C.S. to Approve the City of Petaluma 42 Investment Policy and Delegate Investment Authority to the City Treasurer for 43 Fiscal Years 2011-2012 and 2012-2013. 44 45 Moved by Mike Healy, seconded by Tiffany Renee. 46 47 Council Member Renee 48 49 Mayor Glass 50 51 Council Member Healy 52 Vol. 46, Page 60 June 18, 2012 1 Council Member Renee 2 3 Council Member Healy 4 5 Council Member Barrett 6 7 Mayor Glass 8 9 Mayor Glass opened Public Comment on Item 4.D. 10 11 Zen Destiny, Petaluma, spoke about investments and fraud. 12 13 Mayor Glass 14 15 There being no other persons wishing to speak, Mayor Glass closed Public 16 Comment on Item 4.D. 17 18 Council Member Albertson 19 20 Mr. Oblites 21 22 Mayor Glass 23 24 Mr. Oblites 25 26 Mayor Glass 27 28 Mr. Oblites 29 30 Council Member Albertson 31 32 Mayor Glass 33 34 Vote: Motion carried 5-2. 35 36 Yes: Chris Albertson; Mike Harris; 37 Mike Healy; Gabe Kearney; Tiffany Renee 38 No: Teresa Barrett; David Glass 39 Absent: None 40 Abstain: None 41 42 E. Introduction and Adoption of Ordinance 2438 N.C.S. Amending Ordinance No. 43 2423 N.C.S. (General Fund), Ordinance 2439 N.C.S. Amending Ordinance No. 44 2424 N.C.S. (Special Revenue Fund), Ordinance 2440 N.C.S. Amending Ordinance 45 No. 2425 (Enterprise Fund), Ordinance 2441 N.C.S. Amending Ordinance No. 2426 46 (Internal Service Fund), and Ordinance 2442 N.C.S. Amending Ordinance No. 47 2427(CIP and Debt Fund) for the Operations for the City of Petaluma from July 1, 48 2011 to June 30, 2012 and Declaring the Urgency Thereof, to Take Effect 49 Immediately; Resolution 2012-095 N.C.S. Approving Adjustments to the Former 50 Petaluma Community Development Commission FY 2011-2012 Budget. (Mushallo) 51 52 Mayor Glass June 18, 2012 Vol. 46, Page 61 1 2 Finance Director Bill Mushallo 3 4 Mayor Glass 5 6 Council Member Healy 7 8 Director Mushallo 9 10 Council Member Albertson 11 12 Director Mushallo 13 14 Mayor Glass 15 16 Council Member Renee 17 18 Director Mushallo 19 20 Council Member Renee 21 22 Director Mushallo 23 24 Council Member Healy 25 26 Director Mushallo 27 28 Mayor Glass 29 30 Mayor Glass opened Public Comment on Item 4.E. 31 32 Bryant Moynihan, Petaluma, spoke against the Council's budgeting actions. 33 34 There being no other persons wishing to speak, Mayor Glass closed Public 35 Comment on Item 4.E. 36 37 Council Member Renee 38 39 Director Mushallo 40 41 Council Member Renee 42 43 Director Mushallo 44 45 Council Member Renee 46 47 Mayor Glass 48 49 Council Member Healy 50 51 Motion: Approve E. Introduction and Adoption of Ordinance 2438 N.C.S. 52 Amending Ordinance No. 2423 N.C.S. (General Fund), Ordinance 2439 N.C.S. Vol. 46, Page 62 June 18, 2012 1 Amending Ordinance No. 2424 N.C.S. (Special Revenue Fund), Ordinance 2440 2 N.C.S.,Amending Ordinance No. 2425 (Enterprise Fund), Ordinance 2441 N.C.S. 3 Amending Ordinance No. 2426 (Internal Service Fund), and Ordinance 2442 4 N.C.S. Amending Ordinance No. 2427 (CIP and Debt Fund) for the Operations for 5 the City of Petaluma from July 1, 2011 to June 30, 2012 and Declaring the 6 Urgency Thereof, to Take Effect Immediately; Resolution 2012-095 N.C.S. 7 Approving Adjustments to the Former Petaluma Community Development 8 Commission FY 2011-2012 Budget. 9 10 Moved by Mike Healy, seconded by Gabe Kearney. 11 12 Vote: Motion carried 7-0. 13 14 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 15 Mike Healy; Gabe Kearney; Tiffany Renee 16 No: None 17 Absent: None 18 Abstain: None 19 20 F./G.: F. Resolution 2012-096 N.C.S. of the City Council of the City of Petaluma Authorizing 21 the Execution of an Amended and Restated Cooperative Agreement with the 22 Successor Agency for the Former Petaluma Community Development 23 Commission; and, G. Resolution 2012-097 N.C.S. of the City Council of the City of 24 Petaluma Acting in its Capacity as the Successor Agency for the Former Petaluma 25 Community Development Commission Authorizing the Execution of an Amended 26 and Restated Cooperative Agreement with the City of Petaluma. 27 (Brown/Gaebler) 28 29 Mayor Glass 30 31 Housing Administrator Bonne Gaebler 32 33 Mayor Glass 34 35 Council Member Barrett 36 37 Mayor Glass 38 39 Council Member Healy 40 41 Ms. Gaebler 42 43 Motion: Approve F. Resolution 2012-096 N.C.S. of the City Council of the City of 44 Petaluma Authorizing the Execution of an Amended and Restated Cooperative 45 Agreement with the Successor Agency for the Former Petaluma Community 46 Development Commission, 47 48 Moved by Mike Healy, seconded by Teresa Barrett. 49 50 Vote: Motion carried 7-0. 51 52 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; June 18, 2012 Vol. 46, Page 63 1 Mike Healy; Gabe Kearney; Tiffany Renee 2 No: None 3 Absent: None 4 Abstain: None 5 6 Motion: Approve G. Resolution 2012.097 N.C.S. of the City Council of the City of 7 Petaluma Acting in its Capacity as the Successor Agency for the Former Petaluma 8 Community Development Commission Authorizing the Execution of an Amended 9 and Restated Cooperative Agreement with the City of Petaluma. 10 11 Moved by Mike Healy, seconded by Teresa Barrett. 12 13 Vote: Motion carried 7-0. 14 15 Yes: Chris Albertson; Teresa Barrett; David Glass: Mike Harris; 16 Mike Healy; Gabe Kearney;Tiffany Renee 17 No: None 18 Absent: None 19 Abstain: None 20 21 ADJOURN 22 23 Motion: Adjourn the meeting in the memory of Trevor Smith. 24 25 Moved by Tiffany Renee, seconded by Teresa Barrett. 26 27 Vote: Motion carried 7-0. 28 29 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 30 Mike Healy; Gabe Kearney; Tiffany Renee 31 No: None 32 Absent: None 33 Abstain: None 34 35 The meeting was adjourned at 9:51 p.m. in memory of Trevor Smith. 36 37 38 I# 39 40 air t(♦ J` j 41 David Glass, Mayor 42 43 44 45 46 ATTEST: 47 48 49 ( / 51 • lison Mattioli, Deputy City Clerk 52