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HomeMy WebLinkAboutTC Minutes 2015-06-03TOWN COUNCIL MINUTES CALL TO ORDER Mayor Doyle called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 3, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, Tollini ABSENT: COUNCILMEMBERS: O'Donnell PRESENT: EX OFFICIO: ORAL COMMUNICATIONS Town Manager Curran, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Barnes, Chief of Police Cronin, Interim Town Attorney Epstein, Planning Manager Watrous, Town Clerk Crane Iacopi Joe Salama, attorney representing Dr. Hans Beha, questioned that the Chief of Police was refusing to investigate a crime involving $5 million and several Tiburon residents. He said that the Chief was simply being asked to determine whether or not someone was registered [to sell securities]. Dr. Beha, 14 -year resident, said he was shocked by what is going on in town and said he feared Tiburon would become known as the home of white collar criminals. He said that the case was a simple one, to determine whether or not someone was licensed. He said this information could be determined over the internet and he said he could not understand why the Chief would not do it, because it is not a lot of work. Mayor Doyle thanked them for their comments but said the Council could not respond to the communication. Interim Attorney Rob Epstein said he wished to respond. He said there were remedies available — that the case could be pursued civilly — but that the implied action in the speakers' communication was against the town. He said that there are governmental immunities that protect public agencies, in this instance. He also stated that he had spoken with the Chief of Police and understood the basis and reason for his conclusion in this matter. Town Council Minutes #12 -2015 June 3, 2015 Page 1 PRESENTATION • Belvedere -Tiburon Library Agency Update (Annual Report ) — Deborah Mazzolini, Executive Director Ron Helow, Chairman of the Board of Trustees, gave a power point presentation covering the achievements of the Library over the past year and its current sound fiscal position. He said of 182 libraries surveyed in California, the Belvedere -Tiburon Library was ranked fourth among civic libraries, third in program attendance, sixth for reference, and 10th in visitors. Mr. Helow also proudly described and showed the award-winning new website which was more user friendly and had special sections for kids, teens and seniors. He acknowledged that hard work of staff in developing the website. Chair Helow went on to describe the dramatic groth in digital access and said the library provides statewide access to materials through MarinNet and Link+. He said through sharing information digitally, the Library recognizes significant cost savings. Finally, Helow described some new activities for kids, such as "coder kids", that help prepare them for the future, as well as other programs such as Lego workshops, artist workshops, writers' discussion groups, and expanded tech training. He said all these activities were popular, over- subscribed, and that the Library could use more space to accommodate them. In closing, Chair Helow thanked Executive Director Mazzolini and the professional and helpful library staff, the Library Foundation and its contributors, and the 250+ volunteers that help make all of this available to the public, for free. John Scarborough, President of the Library Foundation, said the primary mission of the foundation is to support the Library in its programming. He noted, of course, the important fund- raising component for the Library expansion project, and said they were in the initial phases of seeking key donors. He said he was pleased to report that they were halfway to reaching their goal of $15 million in donations. Mayor Doyle thanked both gentlemen for their reports. CONSENT CALENDAR 1. Wireless Communications Facilities — Adopt ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code regarding Wireless Communications Facilities (Community Development Director Anderson) Town Council Minutes #12 -2015 June 3, 2015 Page 2 2. Property Maintenance Regulations — Adopt ordinance establishing property maintenance regulations for the Town of Tiburon by adding Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal Code (Community Development Director Anderson) 3. 4545 Paradise Drive Well Permit — Adopt resolution approving application to install and operate a non -potable (irrigation) well for an existing single-family dwelling (Assistant Planner O'Malley) Property Owners: Matthew LeMerle and Allison Davis; Applicant: Pederson Associates Landscape Architects AP No. 038-141-16 4. Agreement for Fire Suppression — Recommendation to approve three-year extension of agreement with State of California for Local Responsibility Area Wildland Protection for Angel Island (Town Manager Curran) Councilmember Fredericks asked to remove Consent Calendar Item No. 3 to reflect the public interest in the matter. Vice Mayor Tollini asked to remove Consent Calendar Item No. 2, for discussion. MOTION: Moved: Vote: AYES: ABSENT: To adopt Consent Calendar Item Nos. 1 and 4, as written. Fraser, seconded by Tollini Unanimous O'Donnell Council Discussion: CC -2: Property Maintenance Regulations — Adopt ordinance establishing property maintenance regulations for the Town of Tiburon by adding Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal Code (Community Development Director Anderson) Vice Mayor Tollini asked whether some of the definitions in Section D-8 might be too broad. For instance, Tollini wondered if a recycling can left in a driveway, for instance, might be misconstrued as falling under the this ordinance. She said what she did not want to see was the adoption of an ordinance that had to be selectively enforced. Councilmember Fredericks said the Council had discussed this at the last meeting, and that she had used the example of a "failed compost heap" as a possible nuisance, and that it had been concluded that this was not the sort of thing that would be pursued in enforcement. Town Manager Curran agreed, and said that while the ordinance relied upon staffs discretion to define a "nuisance", it really was meant to define the thing collectively rather than by a single trash can, for instance. She did say that if the Council still felt the definitions were too broad, staff might be able to tighten them up. But she again pointed to "a collection of things" that would be a visual nuisance, as well as a public safety nuisance, that would gain the Town's Town Council Minutes #72 -2015 June 3, 2015 Page 3 attention. She said that in practice, if the ordinance unleased antagonism in the community, she would seek Council's further direction. Interim Attorney Epstein said that this type of ordinance is customary in municipalities and said that the definitions, in his opinion, were not overbroad. He said that staff will take complaints and exercise discretion as to what to pursue, and what to prioritize. Councilmember Fraser said that he felt staff was professional and made good decisions. He said that he agreed with the degree of discretion allowed by the ordinance, and that there was no need to define anything more specifically. MOTION: Moved: Vote: AYES: ABSENT: To adopt Consent Calendar Item No. 2, as written. Fredericks, seconded by Fraser Unanimous O'Donnell Council Discussion: CC -3: 4545 Paradise Drive Well Permit — Adopt resolution approving application to install and operate a non -potable (irrigation) well for an existing single-family dwelling (Assistant Planner O'Malley) Property Owners: Applicant: AP No. Matthew LeMerle and Allison Davis; Pederson Associates Landscape Architects 038-141-16 Councilmember Fredericks said that the staff reported indicated that the Town had made the findings necessary to approve the application; however, she said that there may be additional considerations that should be part of the review process, namely the following: a) the drought and what impacts a well would have; b) some residents have the necessary resources to drill while others do not; c) we have no map of groundwater and its source; d) if it is appropriate to take water from the Town's open space and possibly degradation of habitat. She gave an example of the latter where an area (swale) of above -ground water that fed wildlife was developed and the water dried up; also, examples of cisterns in neighborhoods that took away the amount of run-off into local creeks. Fredericks also asked about the visibility of the water tank and whether there was a risk to downhill neighbors, in the event of an earthquake. She said that the Town's well ordinance did not address these questions but perhaps it should if there is going to be a prolonged drought. Vice Mayor Tollini agreed; she said the current application fit squarely under the Chapter 13F guidelines, however, she said the question was how is 13F affected by the drought, and how does it affect surrounding neighbors. Town Council Minutes #12 -2015 June 3, 2015 Page 4 Councilmember Fraser concurred and asked if the matter should be continued. Planning Manager Watrous noted that there were two issues in front of the Council — this particular application, and any future amendments to the Town Code. Councilmember Fredericks asked if the issues could be bifurcated. Attorney Epstein said they could be. Council proceeded to hear the application for a well permit. Mayor Doyle opened the hearing to public comment. Matthew LeMerle, applicant, said that the some of the questions raised by the Council had been addressed in his application and additional materials he had submitted. He said that he had worked closely with Town staff and had done all the engineering work requested by the Town. He noted that there was already a well on the property which had been capped in prior years that had been used to irrigate their five acres. He described his history with MMWD and water usage on his property. He said they currently use a drip irrigation system on two and a half acres, and they are in the process of changing their landscaping to California native plants. He said their goal was to reduce their [potable] water usage and re -install the irrigation well. He said that the well would not been seen by anyone else and that they would be installing trellises to cover the tank. He noted that a reduction in their usage would help the Town meet its water reduction goals, and help him and his wife preserve one of the nicest properties in Tiburon. Mr. LeMerle said that some of the letters sent to the Town by Cushing, Kim and Weiner, were inaccurate and hurtful. Larry Cushing distributed a photograph of the Council. Councilmember Fredericks asked what it showed. Mr. Cushing said it showed the well site which was contrary to the applicant's statement that it could be seen by any of the neighbors. Mr. Cushing went on to say that the geotechnical engineer's report ignored the basic question of whether a private individual should be able to tap the water affecting the open space. He said the well will pull water off Ring Mountain and had the potential to affect the water supply of the whole area. He asked why a professional would waive liability [in the report] and what the basis for his statements on page 23-26 was. Cushing asked why a storage tank was necessary for an irrigation well; he said he grew up on a farm and that farms did not bother with tanks. He also said that there was no limit to the number of trees the applicant could plant. Robert Settgast, engineer, said he was asked to evaluate the geologic effects of the well and that he had never seen any geological damage [from an irrigation well] in 25 years. He said that further hydrological studies would be more involved and more expensive. He said that Mr. Cushing's statements on his expertise were neither wise nor proper. Councilmember Fraser said the discussion reminded him of the issues raised in the Town's view ordinance. He said this issue needed more dialogue and possibly more specific direction to staff. Town Council Minutes #12 -2015 June 3, 2015 Page 5 But he said it should not turn into a wild goose chase or witch hunt. He said the question in his mind is whether the Town has enough information to approve the permit application. Councilmember Fredericks said that she was prepared to approve the application. She said that the Town cannot consider these comments under its current ordinance, which could be amended to make it more specific. Vice Mayor Tollini said that there might be research available that addresses whether wells affect water tables and other properties, without the need for expensive hydrological studies and the like. Mayor Doyle commented that some improvements made to his uphill neighbor's property had resulted in a disrupted water path on his property, leading to a die -off' of oak trees on his property. Mr. Cushing said that this proved there were viable concerns about what was being done at 4545 Paradise Drive. Interim Attorney Epstein said that the Town's Finding D [in the application] stated that it should not be "...injurious to other properties in the vicinity". So he said the geotechnical report that relates to the issue of subsidence addresses that. He said what Mr. Cushing is asking is whether it is possible to calculate other possible affects; he said the Council can either accept the report, as submitted, or ask for additional findings. He also commented whether it is possible for the Town to reasonably find out more, noting that it might be very expensive. Mayor Doyle said that no report can tell us what will happen if the drought worsens. Epstein reported that Town Manager Curran had asked him whether the Town might place a condition on approval of this permit. Epstein said that such language might be included which states that the permit could be revoked by the Town if information was presented to the Town which demonstrates a serious adverse impact has occurred. Mayor Doyle asked whether the condition might limit usage. Councilmember Fredericks said that it might include adverse impacts to habitat, not just subsidence. Councilmember Fraser noted that the burden of proof would be on the surrounding properties. Planning Manager Watrous proposed adding some language to the permit that would address effects on water quality or quantity, geological conditions, and habitat. Councilmember Fraser said that it seemed too open-ended and asked if the burden should be placed on the applicant to prove otherwise. Watrous said his statement presupposed that the allegations would have to be proven by the complainant. Attorney Epstein said that under general nuisance law, it was probably appropriate to put the burden on the complainant. Town Council Minutes #12 -2015 June 3, 2015 Page 6 Town Manager Curran said that if the permit was approved without conditions, it could be difficult for the Town to revoke the permit regardless of what occurred. A condition would provide recourse to the neighbors if, regrettably, there was an adverse impact as a result of the well and give the Town the clear ability to revoke the permit if appropriate. Councilmember Fredericks asked if adding such a condition would give weight to a civil action. Attorney Epstein said it would not. Mr. Watrous re -read the proposed language [adding Condition No. 8 to the resolution]: 8. "This permit is subject to revocation by the Town Council if there is demonstrated evidence of substantial adverse impacts on properties in the vicinity, including impacts on water quality or quantity, geological conditions and/or biological habitat." MOTION: To adopt an amended resolution approving the well permit application with the added condition, as stated, and to revisit the Town's ordinance at a future date. Moved: Tollini, seconded by Fredericks Vote: AYES: Doyle, Fredericks, Tollini ABSTAIN: Fraser ABSENT: O'Donnell Mayor Doyle stated that his "yes" vote was due, in part, to the fact that there had been an existing well (and water storage tank) in that location. ACTION ITEMS 1. Appointments to Boards, Commissions & Committees — Consider appointment to fill pending vacancy on Library Agency Board of Trustees (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi said that Library Trustee Tom Gram, one of the Town's appointees to the Library Board, had served one term and sought reappointment to another term, beginning July 1, 2015. She also informed the Council of existing vacancies on the Heritage & Arts Commission and applications received to date. MOTION: To reappoint Tom Gram for another term on the Library Agency Board of Directors; to direct staff to advertise and continue to accept applications, and schedule interviews, for the vacancies on the Heritage & Arts Commission. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: O'Donnell Town Council Minutes #12 -2015 June 3, 2015 Page 7 PUBLIC HEARINGS 1. 172 Avenida Miraflores Precise Plan Amendment — Consider an amendment to the Miraflores Precise Plan to expand the building envelope to accommodate existing improvements outside the building envelope and to construct future spa, deck and building expansions within the expanded building envelope (Planning Manager Watrous) Property Owners: Charles and Vicki Strotz AP No. 039-261-12 Planning Manager Watrous said the proposed amendment seeks to expand the existing building envelope on the site in order to accommodate existing lawfully constructed improvements outside the building envelope and construct future spa, deck and building expansions within the expanded building envelope. Watrous said that the Planning Commission held a public hearing on this application at its May 13, 2015 meeting. At that meeting, the Planning Commission supported the proposed request and found that it was in conformance with the overall intent of the Miraflores Precise Plan and the Tiburon General Plan. The Commission voted 4-0 to recommend the application for approval. He recommended that the Town Council hold a public hearing on this item and adopt the draft resolution approving the application. Mayor Doyle opened the public hearing. Applicant Charles Whitney Strotz introduced himself and thanked the Council for its consideration. Mayor Doyle closed the public hearing, MOTION: To adopt the resolution approving the precise plan amendment, as written. Moved: Fredericks, seconded by Tollini Vote: AYES: Unanimous ABSENT: O'Donnell 2. FY 2015-16 Municipal Budget — Introduction of Operating and Capital Improvement budgets for fiscal year 2015-16 (Director of Administrative Services Bigall) Director of Administrative Services Bigall presented the proposed Fiscal Year 2015-16 Municipal Budget Plan. She said it represents staffs best effort at projecting revenues and expenditures for the coming year within the guidelines set by the Council and with assistance from the Town Council Budget Committee comprised of Vice Mayor Tollini and Councilmember O'Donnell. Town Council Minutes #12 -2015 June 3, 2015 Page 8 Bigall said the budget is balanced, and that the Town's financial situation remains strong. At the end of Fiscal Year 2015-16, she said the Town anticipates an operating surplus of $535,802, and total appropriations of $14, 147,399. She said the Town had no bonded indebtedness. Bigall said the proposed budget will allow the Town to continue to provide the residents with exceptional municipal services and maintenance of Town infrastructure, along with enhancements to the community through the Capital Improvement Program. The Director said that Tiburon has enjoyed a balance of revenue and expenditures for several decades. The Town Council's focus has been to operate within its means while maintaining basic services. Since incorporation, she said the Town has been fortunate in that it has not had to borrow funds for operations or use restricted reserves to fund personnel. Additionally, the Town maintains healthy reserves should it need to weather another fiscal crisis or suffer a natural disaster. While operating expenditures are expected to increase by 3.5% over the current year's adopted budget, Bigall said that General Fund revenues were expected to increase by 7.2 %. She said the Town is anticipating its single largest revenue source of secured property tax to increase by 4% in the coming fiscal year. She said the third largest income source was hotel (transient occupancy tax) which had increased almost 100% over five years. Together with increased sales tax revenues, Bigall said this was a result of the stabilizing economy. Director Bigall reviewed each department's operating budget and estimated expenditures in her power point presentation. Bigall said that General Fund reserves will decrease but that $5 million will be left in the budget as discretionary reserves, which will be brought back to the Council for further discussion. Bigall also noted that funding for the county -wide initiative to end homelessness is listed in the upcoming fiscal year budget, but noted that funding will not be released until an acceptable plan has been approved by the Town Council. Bigall recommended that the Council receive the Town Engineer's presentation on the Capital Improvement Program, conduct a public hearing, and continue the hearing to the June 17 regular meeting for adoption of the budget resolutions. Councilmember Fredericks asked whether the Town's gas tax revenue was expected to drop off in the coming year. Bigall said that it was estimated to decrease by 20% in the corning fiscal year, or to approximately $40,000. Councilmember Fredericks also asked whether the [State Legislature] undoing of the "triple flip" would result in more property tax revenue to the Town. Director Bigall said that she understands that the result is more akin to getting back to normal, or a "wash". Town Council Minutes #12 -2015 June 3, 2015 Page 9 Fredericks said in reading the budget, some of the discretionary set-aside funds would become negative in the coming year. Bigall said this was noted on page 4 of the budget; she said that it was listed that way because staff would be corning back to the Council to ask where it wanted to allocate some of the $3.4 million discretionary funds for infrastructure at a future meeting. Councilmember Fraser asked whether the Town had benefitted from rising interest rates. Director Bigall said that the Local Agency Investment Fund had risen from .23% to .28%, and that staff will look at other investments sources in the coming fiscal year. Councilmember Fredericks asked if the Town had Looked into investing in Cal Trust. Town Manager Curran noted that staff would look into this and other sources, with the assistance of the Town Treasurer. With regard to certain aforementioned expenditures, the Town Manager said that a representative from the homelessness group was present to answer any of the Council's questions. She also Noted that a request from the Richardson Bay Regional Agency for funding a mooring field was included in the budget but would first be discussed by Council. Finally, she said that the Landmarks Society was asking the Town for a $10,000 contribution to its project to relocate the Gallows Wheels (she said the rest of the money is being raised through donations). Councilmember Fredericks said that before the Council allocated money for homelessness, she expected that the questions of who manages and audits the funds will be answered; that reports, using the usual metrics, will be provided, as well as a list of established goals and how they have been met. She said these benchmarks should be established now, as the Town Council may continue to be involved in future. The Town Manager agreed. Mayor Doyle asked for a presentation on the Capital Budget which was provided by Director of Public Works/Town Engineer Barnes. Barnes reviewed the following projects and proposed expenditures: $140,000 for seawall repairs; $750,000 for road repairs including a first-time large slurry seal project; $145,000 from a project's "impact fund" for improvements and repairs in the Gilmartin area; $30,00 for a pot -hole fund and $20,000 allocated for traffic calming . Barnes also said grants were received for bicycle/pedestrian improvements at Tiburon Boulevard and Blackfield Drive and for the installation of a lighted crosswalk at Ned's Way. Barnes noted that that the CIP included $100,000 for storm drain flushing based on the Town's master plan. This would be cut in half next year but that much bigger storm drain projects were on the horizon due to the age of corrugated metal pipes. He gave an example of a failed pipe on Stewart Drive and said that $500,000 was designated from the General Fund Drainage Reserve to make this repair this summer. Town Council Minutes #12 -2015 June 3, 2015 Page 10 Director Barnes described other projects, including the biomass clean-out of the Railroad Marsh that was in its second of three years, the Hacienda Trail improvements, open space vegetation management (which would use Measure A money added to the Town's $20,000 budget), building maintenance (he said the Town Hall had last been painted in 2006), curb, ramp and sidewalk improvements, and the proposed improvements to Blackie's Pasture. He said that The Ranch tennis courts were also slated for resurfacing, there would be additional waste receptacles purchased $80,000 was allocated for downtown improvements. Barnes said that to be conservative, there was an overall project set-aside of $400,000 to cover any project which might arise during the fiscal year. This would help avoid the need for a budget amendment. This money would not be used without the direction of the Town Council. Director Barnes said all the projects were subject to the Council's direction to staff. Councilmember Fredericks asked if the storm drain repair costs included the new State mandates. Barnes said they did not; but he noted that new costs this fiscal year, including inspection of erosion control and water detention, were operational rather than part of the capital outlay. He noted that there would be capital costs in the future to meet trash requirements and this was reflected in the 5 -year CIP. Councilmember Fredericks also suggested that any projects contemplated for the downtown area should at least acknowledge the possibility of sea level rise. Mayor Doyle opened the hearing to public comment. Jack Mavis, 30 -year resident, urged the Council not to contribute to the Landmarks' Society project to move the Gallows Wheels. He said that it was a frivolous project and not in the best interest of the Town. In addition, Mavis said the wheels would become an attractive nuisance in that location and kids climbing on them would get hurt. He said that $10,000 was miniscule in comparison to disability claims; also, that the Town should not waive the fees for the project. Meredith Parnell, Chair of Marin Operating Committee Strategy Committee, said that the group had not been successful in finding a year-round home for the REST program. However, she said they continue to hear from cities about the need for a 24/7 shelter and therefore, the contributions from the cities, including Tiburon, were important in order to expand the REST program. Parnell said that the funds would be handled through the Marin Community Foundation. She urged the Town to lend its support. Alan Brune, Co -Executive Director of the Landmarks Society, said that while history wasn't "sexy", it was important and provides grounding to our kids and helps preserve what makes the Town special. He said that the Railroad Depot was built 130 years ago and that it was an important part of the Town's railroad history. He urged the Council to support funding in the budget for the Town -approved project to relocate the Gallows Wheels to the Railroad Depot, a project which will cost $35,000 of which the Society has raised $15,000. Town Council Minutes #12 -2015 June 3, 2015 Page 11 Sam Park, Paradise Drive, Pt. Tiburon Bayside, said he did not like to see taxpayers' money spent on a controversial decision to move the Gallows Wheels to the Donahue Building. He asked where the Council would draw the line on these types of funding requests; and why not give to other local non -profits, as well. Mayor Doyle closed the public hearing. Vice Mayor Tollini asked whether it was appropriate to discuss the homelessness funding at this time. Town Manager Curran said that if the Council wished to change the funding in the budget, yes, but that the authorization to spend the funds would come back at a later date. Curran did note that the Landmarks' funding was not currently in the draft budget and could be discussed, at Council's pleasure. Mayor Doyle recused himself from the discussion of the Landmarks funding request, and Vice Mayor Tollini led the discussion. Councilmember Fraser agreed with the statement that the budget was indeed the taxpayer's money. However, he said that he had been working on the vibrancy of downtown for a long time and that the Railroad Depot is an important part of the Town's history and an attraction for visitors; he said he wholly supports this project to relocate the Gallows Wheels because they, too, are part of the Town's history. He said that the issue of safety and other issues would have to be thought through and figured out. Councilmember Fredericks said she, too, supports the funding for Landmarks in the budget. Vice Mayor Tollini agreed, and said that the issues of safety had been reviewed by the Design Review Board meeting and could be revisited, as well. Motion: To include the $10,000 Landmarks funding request in the 2014-15 Municipal Budget. Moved: Fraser, seconded by Fredericks Vote: AYES: Fraser, Fredericks, Tollini RECUSED: Doyle ABSENT: O'Donnell Mayor Doyle continued the hearing to June 17, 2015. He gave kudos to staff— Peggy Curran, Pat Barnes, and Heidi Bigall — for the budget presentation. He said that Heidi was a "hero" in her intricate knowledge and experience in preparing the Town's budgets. Town Manager Curran thanked Directors Bigall and Barnes for their highly professional work on the budget. TOWN COUNCIL REPORTS None. Town Council Minutes #12 -2015 June 3, 2015 Page 12 TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests - May 22 & May 29, 2015 Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 9:57 p.m. ATTEST: lea --,_e A.' DIANE CRANE IACOP , OWN CLERK Town Council Minutes #12 -2015 4 0.--(yd-e-- FRANK X. DO E, MAYOR June 3, 2015 Page 13