City of St. Helena
Utility Billing Department
1572 Railroad Avenue
St. Helena CA 94574
(707) 968-2745
Hoff Duane & Susan
3033 Excelsior Blvd. Ste. 525
Minneapolis, MN 55416
Dear Hoff Duane & Susan,
SUBJECT: NOTICE OF WATER USAGE PENALTY ASSESSMENT
On July 12, 2021, the St. Helena City Council adopted a penalty forgiveness program. This program provided customers the opportunity to eliminate 100% of their existing June and/or July water usage penalties if their water usage during the months of August, September, October, and November fell below monthly allocations. Customers were required to meet their water allocation target in all four months for the penalties to be forgiven. If a customer did not keep usage below their water allocation target during the four designated months, then any suspended amount would become due and payable to the City.
June and July penalties incurred were temporarily suspended as follows:
Month Description Penalty
Charge
Penalty
Temporarily
Suspended
Example
June
2021
Customer will be charged 25% of
their assessed penalty for being over
their allocation.
25% 75%
If a customer’s penalty
is $100, they will only
be charged $25
July
2021
Customer will be charged 50% of
their assessed penalty for being over
their allocation.
50% 50%
If a customer’s penalty
is $100, they will only
be charged $50
During the month(s) of August, your water use exceeded your monthly allocation. Therefore, the temporarily suspended penalty(s) will be applied to your account:
Month Previously Billed
Penalty Suspended Penalty Billed Total Penalty Billed
June 2021 $17,051.37 $51,154.11 $68,205.48
July 2021 $61,020.95 $61,020.95 $122,041.90
The Water Advisory Board has developed criteria for consideration of penalty waivers. Customers can learn more about this potential option by visiting: https://www.cityofsthelena.org/wateremergency/page/leak-adjustments-during-water-emergency.
Account number:
006087-000
Service Address:
2600 Spring Mtn Rd
Agenda Item #12.1.
Continuing Water Conservation to Avoid Additional Penalties As a community, it is still important to continue water conservation. This will help retain the water supply as well as help you avoid any further penalties. We invite you to contact the City’s Environmental Services Technician at (707) 312-1372 to assist you with water conservation strategies. As we have in the past, we have no doubt our friends and neighbors in St. Helena will emerge from this crisis stronger and more resilient than ever! It is important that we pull together as a community to weather this worsening drought. If we do not, it is inevitable that we will be forced to move from Phase II water restrictions currently in place to the more painful restrictions necessary in Phase III.
Questions or Concerns?
Contact City staff at (707) 968-2745 or by email at [email protected].
Agenda Item #12.1.
CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena Making Findings and Determinations Regarding the
Water Penalty Appeal of Duane and Susan Hoff
WHEREAS, On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board; and
WHEREAS, In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC; and
WHEREAS, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak; and
WHEREAS, Duane and Susan Hoff have filed a request for fee waiver for the penalties incurred on their water account in June, July, and August 2021 totaling $251,379.28. The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration; and WHEREAS, the City Council has reviewed the penalty appeal for Duane and Susan Hoff and has made the determination as noted below.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has considered the circumstances of the appeal.
SECTION 3. The City Council has determined the following:
_____ Deny the appeal in its entirety
_____ Approve the appeal in its entirety for an amount of $251,379.28 Agenda Item #12.1.
_____ Grant a portion of the appeal for an amount of $__________ Approved at a Regular Meeting of the St. Helena City Council on January 24, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Dohring, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #12.1.
Report to the City Council
Regular City Council - 24 Jan 2023
Agenda Section: NEW BUSINESS
Subject: Water Penalty Appeal - Eliot Fried
CEQA
Determination:
Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board. In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC.
The City of St. Helena is committed to preventing water waste but also understands that, infrequently, a water leak may occur. When a water leak does occur, customers can request a credit to their utility bill for a portion of the excess water in accordance with PFI-0005 Leak Adjustment Policy. This policy provides relief to St. Helena water customers who have had a leak that is not due to negligent or willful acts. Under the current Leak Adjustment Policy, leak adjustments are not granted if the City is in a Phase I or higher water emergency or subject to water use limitations by the State of California. However, recognizing the City’s conservation efforts as well as the authority granted under P-FI0005 for Leak Adjustment appeals, any request for a leak adjustment during a Phase II or Phase III emergency are being evaluated by the City Manager.
In addition to the ability to qualify for a leak adjustment, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak.
Agenda Item #12.2.
On August 6, 2021, the Water Advisory Board adopted policy - P-FI-0022 Leak Adjustment Policy – Phase II and Phase III Water Penalties and the applicable Application Form, to assist those customers who incurred penalties as a result of a water leak.
Per the established policy, the following criteria must be met:
1. The customer must have not received a leak letter for 2 or more consecutive months or can demonstrate there is a good faith effort to actively locate and fix leaks.
2. All leak(s) must be beyond the control of the owner, agents, tenants, contractors, or anyone occupying the property or using the property that could have reasonably foreseen such a possible leak.
3. The leak(s) cannot be the result of negligent, willful nor neglectful behavior.
4. Proof that the repairs were completed must be included with all requests for a penalty leak adjustment. Examples include a copy of the plumber’s invoice or hardware store receipts showing items purchased or proof provided by the City that water use had returned to normal levels during subsequent months.
Over the course of several months, the Water Advisory Board considered penalty leak adjustment amounts on a case-by-case basis.
DISCUSSION
Elior Fried has filed a request for fee waiver for penalties incurred on their water account in June, July, August, and September totaling $19,228.30 (Attachment 1). The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration.
The customer has submitted the following statement as their appeal:
"Dear City Clerk,
1610 Sulphur Springs Avenue is primarily a summer residence occupied by Eliot Fried 89, and wife Cynthia 86, our daughter, son-in-law and two children. This past summer my daughter's family was in New York as her husband as her husband had to work there due to the pandemic.
My wife and I spent two weeks each in June, July, August, and September.
Having received and unbelievably high water bill each month I had the water department come to our property and a representative confirmed there were not leaks. I had the pool checked and there were no leaks. We have extensive landscaping and we lowered the water usage considerably And finally turned it off altogether.
Agenda Item #12.2.
My wife and I personally do not use the amount of water the bill specified. I believe our water meter is operating improperly and have requested a new one.
As we do not visit the house often and have installed a Leak Defense System no water is running in the house when we are not in residence. Please help us as the water bills were tremendous this summer.
Eliot
Fried"
On October 14, 2022, Mr. Fried emailed staff with the following additional information:
"On another subject, I received a communication from the Water Department outlining compensation for removing grass from my property. As you know, I removed grass from my front and back yards, spending over $45,000 [Attachment 2] on stones for the front yard and fake turf in the backyard. I would be happy to provide you with these bills and have you or anyone of your associates view these changes in person. This expenditure could offset the fee waiver if possible."
In response to Mr. Fried's statement regarding the water meter operating improperly, City staff completed a meter accuracy test on June 13, 2022 and confirmed the meter did test accurately. However, since the meter was unable to complete a detailed meter read, staff changed out the device to a new meter on the same day.
Tables 1 through 3 provides additional information for Council Consideration.
Table 1: Current Allocation - based on a 30-day Month
Gallons HCF
Number in
Household 6 11,700
Outdoor Summer Allocation 2,500
Additional Exception (large lot) 7,500
TOTAL ALLOCATION 21,700 29.01
Table 2: Penalties Imposed
Month Amount Penalty Waiver
Request
Over Allocation
HCF
Over Allocation
Gallons
June 7,405.60 7,405.60 56.990 42,631
July 7,453.90 7,453.90 50.990 38,143
August 2,604.15 2,604.15 32.990 24,678
September 1,764.65 1,764.65 30.990 23,182
TOTALS 19,228.30 19,228.30 171.96 128,635
Agenda Item #12.2.
Table 3: Historical Monthly Use
Jan Feb March April May June July Aug Sept Oct Nov Dec
2022 0 1 1 0 9 67 87 73 32 28 7 0
2021* 0 0 0 45 69 86 80 62 60 19 0 0
2020 0 0 14 28 100 160 150 99 78 79 37 4
2019 0 0 0 39 91 98 115 125 96 85 58 0
*Penalties were incurred in June, July, August, and September 2021.
Eliot Fried is requesting to have all penalties totaling $19,228.30 waived.
FISCAL IMPACT
Dependent on City Council Direction.
RECOMMENDED ACTION
Discuss and make a determination on penalty appeal. Council may consider the following three options:
1. Approve the appeal in its entirety for an amount of $19,228.30
2. Grant a portion of the appeal for an amount determined by City Council
3. Deny the appeal in its entirety
ATTACHMENTS
Attachment 1 - Request for Fee Waiver E. Fried
Attachment 2 - Invoices
Attachment 3 - Resolution - Water Penalty Appeal Eliot Fried Agenda Item #12.2.
Agenda Item #12.2.
Agenda Item #12.2.
From: Eliot Fried
To: April Mitts
Subject: [External] water bill
Date: Friday, October 14, 2022 9:55:01 AM
Many thanks for updating me on the fee waiver appeal . I am unable to attend the December 13 meeting.
On another subject, I received a communication from the Water Department outlining compensation for removing grass from my property. As you know, I removed grass from my front and back yards, spending over $45,000 on stones for the front yard and fake turf in the backyard. I would be happy to provide you with these bills and have you or anyone of your associates view these changes in person. This expenditure could offset the fee waiver if possible.
Please keep me informed of any further developments. Thanks again, Eliot and Cynthia Fried Agenda Item #12.2.
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Agenda Item #12.2.
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Agenda Item #12.2.
CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena Making Findings and Determinations Regarding the
Water Penalty Appeal of Eliot Fried
WHEREAS, On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board; and
WHEREAS, In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC; and
WHEREAS, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak; and
WHEREAS, Eliot Fried has filed a request for fee waiver for the penalties incurred on their water account in June, July, August, and September 2021 totaling $19,228.30. The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration; and
WHEREAS, the City Council has reviewed the penalty appeal for Eliot Fried and has made the determination as noted below.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has considered the circumstances of the appeal.
SECTION 3. The City Council has determined the following:
_____ Deny the appeal in its entirety
_____ Approve the appeal in its entirety for an amount of $19,228.30 Agenda Item #12.2.
_____ Grant a portion of the appeal for an amount of $__________ Approved at a Regular Meeting of the St. Helena City Council on January 24, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Dohring, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #12.2.
Agenda Item #12.2.
Agenda Item #12.2.
Report to the City Council
Regular City Council - 24 Jan 2023
Agenda Section: NEW BUSINESS
Subject: Water Penalty Appeal - Isabel Ayau
CEQA
Determination:
Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager
BACKGROUND
On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board. In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC.
The City of St. Helena is committed to preventing water waste but also understands that, infrequently, a water leak may occur. When a water leak does occur, customers can request a credit to their utility bill for a portion of the excess water in accordance with PFI-0005 Leak Adjustment Policy. This policy provides relief to St. Helena water customers who have had a leak that is not due to negligent or willful acts. Under the current Leak Adjustment Policy, leak adjustments are not granted if the City is in a Phase I or higher water emergency or subject to water use limitations by the State of California. However, recognizing the City’s conservation efforts as well as the authority granted under P-FI0005 for Leak Adjustment appeals, any request for a leak adjustment during a Phase II or Phase III emergency are being evaluated by the City Manager.
In addition to the ability to qualify for a leak adjustment, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak.
Agenda Item #12.3.
On August 6, 2021, the Water Advisory Board adopted policy - P-FI-0022 Leak Adjustment Policy – Phase II and Phase III Water Penalties and the applicable Application Form, to assist those customers who incurred penalties as a result of a water leak.
Per the established policy, the following criteria must be met:
1. The customer must have not received a leak letter for 2 or more consecutive months or can demonstrate there is a good faith effort to actively locate and fix leaks.
2. All leak(s) must be beyond the control of the owner, agents, tenants, contractors, or anyone occupying the property or using the property that could have reasonably foreseen such a possible leak.
3. The leak(s) cannot be the result of negligent, willful nor neglectful behavior.
4. Proof that the repairs were completed must be included with all requests for a penalty leak adjustment. Examples include a copy of the plumber’s invoice or hardware store receipts showing items purchased or proof provided by the City that water use had returned to normal levels during subsequent months.
Over the course of several months, the Water Advisory Board considered penalty leak adjustment amounts on a case-by-case basis.
DISCUSSION
Isabel Ayau has filed a request for fee waiver for penalties incurred on their water account in June and July 2021 totaling $10,574.26 (Attachment 1). The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration.
The customer has submitted the following statement as their appeal:
"I purchased this historic house last year in March in order to have a place closer to family. I have a tourist visa and only allowed to be in the USA a certain amount of days per year. I have not been here much since COVID has made it difficult to travel all last year.
The house purchased has needed a lot of repair and the back yard was full of debris, rats and had not been cleaned for years. In April [2021] I started making yard improvements to relieve the rodent problem and added some landscaping and an automatic irrigation system. I was not aware of the water unit allocation system you manage for the billing, until may 21st when I received a notification.
The actual reading of my meter came on June 15th and I was not here until later in August to see the big surprise. Since I did not know your allocations system, in june and july much water was used and was charged a big penalty amount (8,496.00 dollars- paid).
Agenda Item #12.3.
Then I had to go back to my country and was not able to keep track of all the letters and billing that you sent. I asked my neighbor to reduce the irrigation meter to 50% in August but that was still not enough so in September we were finally able to bring it down considerably. The four months of excess consumption have been very difficult to track because the letters were always received way after the water was used.
Honestly its not a consistent way of submitting a bill, difficult to understand and is inconsistent. You send the statement months after the water has been consumed and the intermittent letters are not clear and always too late. The only way to control it is through the flume, which I was not aware of until later in September and my neighbor helped me install one while I was in Guatemala.
All previous penalties have been paid but I just ask that you please reconsider the most recent one for another 10,574.26 dollars on top of all I have already paid. This is for 75% suspended june penalty and 50% suspended july penalty.
Please reconsider this bill knowing that I have made all the improvements to reduce the consumption. Since September, I took action in reducing the water consumption, installed a flume, and the following months showed it in the water consumption.
Consider, It is a total 20,344.32 dollars for the penalties which you are charging for four months of excess consumption. My request is for an appeal to remove the latest statement penalties, which are due mid february, which amounts to half of the total."
Tables 1 through 3 provides additional information for Council Consideration.
Table 1: Current Allocation - based on a 30-day Month
Gallons HCF
Number in
Household 2 3,900
Outdoor Summer Allocation 2,500
Additional Exception (large lot) 257
TOTAL ALLOCATION 6,657 8.9
Table 2: Penalties Imposed
Month Amount Penalty Waiver
Request
Over Allocation
HCF
Over Allocation
Gallons
June 8,184.64 6,138.48 39.893 29,842
July 8,871.56 4,435.78 41.989 31,410
August 3,227.30 19.412 14,521
September 61.30 4.100 3,067
Agenda Item #12.3.
Month Amount Penalty Waiver
Request
Over Allocation
HCF
Over Allocation
Gallons
TOTALS 20,344.80 10,574.26 105.394 78,840
Table 3: Historical Monthly Use
Jan Feb March April May June July August Sept Oct Nov Dec 2022 4 3 19 1 13 27 20 23 24 28 21 11
2021* 1 1 0 3 44 49 50 28 13 7 2 4
2020 5 6 5 4 4 5 8 7 8 7 6 5
2019 4 3 5 12 3 7 6 8 10 9 8 6
*The account for Isabel Ayau was established on March 10, 2021 and penalties were incurred in June, July, August, and September 2021.
Isabel Ayau is requesting to have the suspended penalties totaling $10,574.26 waived.
FISCAL IMPACT
Dependent on City Council Direction.
RECOMMENDED ACTION
Discuss and make a determination on penalty appeal. Council may consider the following three options:
1. Approve the appeal in its entirety for an amount of $10,524.26
2. Grant a portion of the appeal for an amount determined by City Council
3. Deny the appeal in its entirety
ATTACHMENTS
Attachment 1 - Penalty Appeal
Attachment 2 - Resolution - Water Penalty Appeal Isabel Ayau Agenda Item #12.3.
Agenda Item #12.3.
Sent: Monday, January 31, 2022 12:43 PM
To: Cindy Tzafopoulos <[email protected]> Subject: [External] Appeal through City Council for June July suspended penalties To: Cindy Tzafopoulos, City Clerk
707-968-2742
From: Isabel Ayau, 943 Pope Street home owner
Mrs Tzafopoulos,
I purchased this historic house last year in March in order to have a place closer to family. I have a tourist visa and only allowed to be in the USA a certain amount of days per year. I have not been here much since COVID has made it difficult to travel all last year.
The house purchased has needed a lot of repair and the back yard was full of debris, rats and had not been cleaned for years.
In April I started making yard improvements to relieve the rodent problem and added some landscaping and an automatic irrigation system. I was not aware of the water unit allocation system you manage for the billing, until may 21st when I received a notification. The actual reading of my meter came on June 15th and I was not here until later in August to see the big surprise. Since I did not know your allocations system, in june and july much water was used and was charged a big penalty amount (8,496.00 dollars- paid).
Then I had to go back to my country and was not able to keep track of all the letters and billing that you sent. I asked my neighbor to reduce the irrigation meter to 50% in August but that was still not enough so in September we were finally able to bring it down considerably. The four months of excess consumption have been very difficult to track because the letters were always received way after the water was used.
Honestly its not a consistent way of submitting a bill, difficult to understand and is inconsistent. You send the statement months after the water has been consumed and the intermittent letters are not clear and always too late. The only way to control it is through the flume, which I was not aware of until later in September and my neighbor helped me install one while I was in Guatemala.
All previous penalties have been paid but I just ask that you please reconsider the most recent one for another 10,574.26 dollars on top of all I have already paid. This is for 75% suspended june penalty and 50% suspended july penalty. Please reconsider this bill knowing that I have made all the improvements to reduce the consumption. Since September, I took action in reducing the water consumption, installed a flume, and the following months showed it in the water consumption.
Consider, It is a total 20,344.32 dollars for the penalties which you are charging for four months of excess consumption. My request is for an appeal to remove the latest statement penalties, which are due mid february, which amounts to half of the total.
Sincerely,
Isabel Ayau
943 Pope Street owner
Agenda Item #12.3.
CITY OF ST. HELENA
RESOLUTION NO. 2023-
Resolution of the City Council of the City of St. Helena Making Findings and Determinations Regarding the
Water Penalty Appeal of Isabel Ayau
WHEREAS, On October 27, 2020, the City Council established Phase II Water Regulations and, in accordance with the St. Helena Municipal Code (SHMC), established the Water Advisory Board; and
WHEREAS, In June 2021, the City began charging penalties for water use which exceeded allocations as determined by the SHMC; and
WHEREAS, the City recognized that during a Phase II or Phase III water emergency, penalties may have been incurred as a result of a leak. On July 27, 2021, the City Council adopted a resolution designating that the Water Advisory Board can hear/make a determination for reduction of penalties for those customers who receive a penalty as a result of a water leak; and
WHEREAS, Isabel Ayau has filed a request for fee waiver for the suspended penalties incurred on their water account in June and July 2021 totaling $10,574.26.
The penalties imposed were not the result of a leak; therefore, the request for fee waiver does not fall under the authority of the Water Advisory Board (WAB) and the amount exceeds the authority granted to the City Manager; therefore, it is being presented to the City Council for consideration; and
WHEREAS, the City Council has reviewed the penalty appeal for Isabel Ayau and has made the determination as noted below.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. HELENA AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council has considered the circumstances of the appeal.
SECTION 3. The City Council has determined the following:
_____ Deny the appeal in its entirety
_____ Approve the appeal in its entirety for an amount of $10,574.26 Agenda Item #12.3.
_____ Grant a portion of the appeal for an amount of $__________ Approved at a Regular Meeting of the St. Helena City Council on January 24, 2023, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Lester Hardy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Dohring, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #12.3.