HomeMy WebLinkAboutCC MINUTES 05-01-186
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CITY OF TUSTIN REGULAR MAY 1, 2018
MEETING OF THE CITY COUNCIL COUNCIL CHAMBER
300 CENTENNIAL WAY, TUSTIN
Rebecca Gomez, Mayor Pro Tem Jeffrey C. Parker, City Manager/
Dr. Allan Bernstein, Councilmember Al Murray, Mayor City Treasurer
Charles E. Puckett, Councilmember Erica N. Rabe, City Clerk
Letitia Clark, Councilmember David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING
OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — Meeting #2433 at 5:31 p.m.
ROLL CALL — City Clerk
Present: Mayor Al Murray and Councilmembers Dr. Allan Bernstein and Charles
E. Puckett and Letitia Clark
Absent: Mayor Pro Tem Rebecca Gomez
City Clerk: Erica N. Rabe, City Clerk
Others Present: Jeffrey C. Parker, City Manager; David E. Kendig, City Attorney
PUBLIC INPUT — None
CLOSED SESSION UPDATE — City Attorney David E. Kendig: The Council will convene to
discuss Items 1-6 on the Closed Session Agenda, including Labor Negotiations with Derick
Yasuda and Peter Brown.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice
from the City Attorney, that discussion in open session of the following matters will prejudice
the position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION -Significant
exposure to litigation pursuant to Government Code § 54956.9(d)(2):
(2 Cases)
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION -Significant
City Council May 1, 2018
Meeting Minutes Page 1 of 13
exposure to litigation pursuant to paragraph (d)(2) and (e)(5) of Section 54956.9
regarding the April 25, 2018 direction by the City Council of the City of Santa Ana to
sue all cities in the county regarding the homelessness situation.
3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 Cases)
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]:
Agency Negotiators:
Employee Organization:
Employee Organization:
Employee Organization
,_Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization:
Employee Organization
Derick Yasuda, Director of Human Resources and
Peter Brown, Liebert Cassidy Whitmore
Tustin Municipal Employees Association (TMEA)
Tustin Police Officers Association—Management Unit
(TPMA)
Tustin Police Officers Association—Officer Unit
(TPOA)
Tustin Police Support Service Association (TPSSA)
Unrepresented Confidential Employees
Unrepresented Supervisory Employees
Unrepresented Executive Management and
Management Employees
Unrepresented Part -Time Employees
5. LIABILITY CLAIMS - [Government Code § 54956.95] — (2 Cases)
A. Claim of Mo Rousta, Claim No. 18-08
B. Claim of Myla Cibrian-Wilcox, Claim No. 18-09
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS -[Government Code §
54956.8]: (1 Case)
A. Property 430-371-18,19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
Address/Description 30, 31, 32, 33, 61, 62, 63, 64, 65, 66, 67, 68
Agency City of Tustin
City Negotiators Jeffrey C. Parker, City Manager & John Buchanan,
Director of Economic Development
Negotiating Parties OMBRP, LLC (Brookfield)
Under Negotiation
Recessed at 5:32 p.m.
Price and Terms of Payment
Mayor Pro Tem Gomez arrived at 5:38 p.m.
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL
City Council May 1, 2018
Meeting Minutes Page 2 of 13
7:00 P.M.
CALL TO ORDER — Meeting #2433 at 7:15 p.m.
INVOCATION — Reverend Anthony Wood
PLEDGE OF ALLEGIANCE — Councilmember Clark
CLOSED SESSION REPORT — City Attorney David E. Kendig: The City Council
unanimously denied Claims 18-08 and 18-09. The City Council will reconvene following the
Regular Meeting. Other than that, there's no reportable action.
PRESENTATIONS — Dr. Glenn Roquemore, President Irvine Valley College, provided a
PowerPoint presentation regarding Integrated Design, Engineering and Automation (IDEA)
at ATEP.
ORAL COMMUNICATION/PUBLIC INPUT —
1.
Linda Cator
2.
John Kelly
3.
Linda Naylor
4.
Maureen Coddington
5.
Carl Brown
6.
Connie McWhorter
7.
Mark McWhorter
8.
Darlene Savord
9.
Betty Robinson
10.
Liz Kadison
CONSENT CALENDAR ITEMS - All matters listed under the Consent Calendar are
considered to be routine and will be enacted by one motion without discussion. Persons
wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form
with the City Clerk. (Agenda Items 1 through 9)
It was moved by Councilmember Puckett and seconded by Councilmember Bernstein to
pull Item No. 6 and move the balance as recommended by staff.
Motion carried: 5-0
City Council May 1, 2018
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1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON
THE AGENDA
Motion: That the City Council waive reading in full of all ordinances and
resolutions on the agenda and declare that said titles which appear on the public
agenda shall be determined to have been read by title and further reading
waived.
2. APPROVAL OF MINUTES — REGULAR MEETING OF THE CITY COUNCIL
HELD APRIL 17, 2018.
Motion: That the City Council approve the Action Minutes of the Regular Meeting
of the City Council held on April 17, 2018.
3. RATIFICATION OF PAYROLL AND DEMANDS
The City Council has approved the use of Government Code Section 37208 to
expedite the payment of City of Tustin obligations that are in accordance with the
approved budget or continued operations authorizations.
Motion: That the City Council approve Payroll in the amounts of $755,287.23;
and Demands in the amount of $1,708,966.49.
4. AUTHORIZATION TO AMEND THE ALL CITY MANAGEMENT SERVICES
(ACMS) INC. CROSSING GUARD SERVICES AGREEMENT
The crossing guard contract with All City Management Services, Inc. is up for
renewal for the 2017-2018 City of Tustin school year and the 2018-2019 City of
Tustin school year. In August of 2014, the City of Tustin entered into a 3 -year
contract agreement with All City Management Services, Inc. to provide crossing
guard services for the City of Tustin. The original contract was authorized for the
2014-2015, 2015-2016, and 2016-2017 school years. The original contract allows
the City of Tustin the option to extend the terms of the agreement for two (2)
additional two-year terms.
Motion: That the City Council approve and execute a 2 -year amendment to the
existing contract entered into on August 5, 2014, with All City Management
Services, Inc. and the City of Tustin in order to provide 13,860 hours of school
crossing guard service for the 2017-2018 school year, and 15,750 hours of school
crossing guard service for the 2018-2019 school year.
5. APPROVAL OF PRE -QUALIFIED GENERAL CONTRACTORS AND ADOPT
RESOLUTION NO. 18-31 TO APPROVE PLANS AND SPECIFICATIONS FOR
BIDS FOR THE CONSTRUCTION OF VETERANS SPORTS PARK AT TUSTIN
LEGACY PARK IMPROVEMENTS PROJECT, CIP NO. 20043
City Council May 1, 2018
Meeting Minutes Page 4 of 13
The general contractors for construction of Veterans Sports Park at Tustin Legacy
Park Improvements Project, CIP No. 20043 have been pre -qualified and are
ready to be approved as eligible to bid the project. Also, the plans and
specifications for the Veterans Sports Park at Tustin Legacy Park Improvements
Project, CIP No. 20043 are being finalized and ready to bid mid-June pending
final approval of the Project Environmental Review Form (PERF) T-012 and
applicable portions of plans and specifications pertaining to the PERF by the
Department of the Navy and City Engineer.
Motion: That the City Council:
1. Approve the eligible pre -qualified general contractors as identified to bid
the construction of the Veterans Sports Park at Tustin Legacy Park
Improvements Project, CIP No. 20043.
2. Adopt Resolution No. 18-31 approving the plans and specifications for
construction of the Veterans Sports Park at Tustin Legacy Park
Improvements Project, CIP No. 20043, and authorize the City Clerk to
advertise to receive bids from the seven (7) pre -qualified general
contractors.
RESOLUTION NO. 18-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS FOR THE
VETERANS SPORTS PARK AT TUSTIN LEGACY PARK IMPROVEMENTS
PROJECT, CIP NO. 20043 AND AUTHORIZING ADVERTISEMENT FOR BIDS
6. APPROVE THE ENGINEER'S REPORT FOR THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT AND SET A PUBLIC HEARING TO CONSIDER
LEVYING FISCAL YEAR 2018-2019 ASSESSMENTS
At the February 20, 2018 meeting, the City Council ordered the preparation of an
Engineer's Report for the Levy of Annual Assessments for the Tustin Landscape
and Lighting District. The Engineer's Report has now been completed and is
ready for City Council approval. Additionally, it is requested that the City Council
declare its intention to levy annual assessments and set a public hearing for June
5, 2018.
Director of Public Works Douglas S. Stack provided an update regarding the
installation of LED lighting.
It was moved by Mayor Murray and seconded by Mayor Pro Tem Gomez to:
1. Adopt Resolution No. 18-11 approving the Engineer's Report for the Tustin
Landscape and Lighting District for Fiscal Year 2018-2019; and
City Council May 1, 2018
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2. Adopt Resolution No. 18-12 declaring its intention to levy annual
assessments for Fiscal Year 2018-2019 and setting a public hearing for
June 5, 2018.
Motion carried: 5-0
RESOLUTION NO. 18-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA APPROVING THE ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS
FOR FISCAL YEAR 2018- 2019
RESOLUTION NO. 18-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL
LEVY OF ASSESSMENT FOR FISCAL YEAR 2018-2019 FOR THE
IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC
LANDSCAPING AND LIGHTING FACILITIES IN THE TUSTIN RANCH AREA
WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING
DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972 AND PROPOSITION 218
AND GIVING NOTICE THEREOF
7. SUMMARY OF PROJECTS
The following report provides a summary of projects and activities from the
Community Development Department to the Tustin City Council. The report
focuses on the status of projects that the Planning Commission, Zoning
Administrator, or staff approved; major improvement projects; ' Certificates of
Appropriateness; Code Enforcement activities; and, other items of interest.
Motion: That the City Council receive and file this item.
8. ADOPT RESOLUTION NO. 18-18 TO ACCEPT IMPROVEMENTS FOR THE
VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT, CIP
NO. 70221, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
Construction of the Victory Road Extension Roadway Construction Project, CIP
No. 70221, has been completed to the satisfaction of the City Engineer and is
now ready for City Council acceptance.
Motion: That the City Council:
1. Adopt Resolution No. 18-18 accepting the construction of the Victory Road
Extension Roadway Construction Project, CIP No. 70221; and
City Council May 1, 2018
Meeting Minutes Page 6 of 13
60
2. Authorize the City Engineer to execute and file the Notice of Completion
with the Orange County Recorder's Office.
RESOLUTION NO. 18-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACCEPTING THE WORKS OF IMPROVEMENT AND
AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION FOR
THE VICTORY ROAD EXTENSION ROADWAY CONSTRUCTION PROJECT,
CIP NO. 70221
9. CANCELLATION OF THE AUGUST 7, 2018 CITY COUNCIL MEETING
Due to a lack of quorum, staff recommends cancellation of the August 7, 2018
City Council meeting.
Motion: That the City Council direct the City Clerk to post a Notice of
Cancellation for the regularly scheduled Council meeting on August 7, 2018. The
City Council hereby waives notice of said meeting as required by Government
Code §54954.
REGULAR BUSINESS ITEMS — Matters listed under Regular Business are generally
proposals for new legislation or items requiring discussion. (Agenda Items 10-11)
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 1495
Ordinance No. 1495 forms Community Facilities District No. 2018-01 (Public
Services) levying special taxes within Improvement Area No. 1 of the City of Tustin
Community Facilities District No. 2018-01 (Public Services).
It was moved by Mayor Murray and seconded by Mayor Pro Tem Gomez that the
City Council have second reading by title only and adoption of Ordinance No.
1495.
Motion carried: 5-0
ORDINANCE NO. 1495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF TUSTIN
COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC SERVICES)
LEVYING SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 OF THE
CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2018-01 (PUBLIC
SERVICES)
City Council May 1, 2018
Meeting Minutes Page 7 of 13
11. LEGISLATIVE UPDATE
Staff has prepared an update of proposed key California legislative items for
2018.
Assistant City Manager Matthew S. West provided an update regarding upcoming
legislation.
City Attorney David E. Kendig provided an update regarding AB 1912.
It was moved by Mayor Murray and seconded by Councilmember Bernstein to
send a letter opposing AB 1912.
Motion carried: 5-0
It was moved by Councilmember Bernstein and seconded by Mayor Pro Tem
Gomez to oppose Initiative 17-0051. Amended motion: It was moved by
Councilmember Bernstein and seconded by Mayor Pro Tem Gomez to delay
taking any action until it is confirmed whether the initiative makes the ballot.
COUNCILMEMBER COMMENTS AND REPORTS
Councilmember Bernstein
April 18
Attended the California League of Cities, Legislative Day; had the honor to spend time with
Senator Patricia Bates; had the opportunity to meet with Assembly Member Cecilia M.
Aguiar-Cunt', Chair of the Local Government Committee.
April 19
Attended the Metropolitan Water District of Orange County, Water Policy Forum Dinner;
celebrated the vote that ensures the funding that will build the California Water Fix.
April 20
Attended the Southern California Water Coalition; various pieces of legislation were
discussed, especially SB 623 by Senator Bill Monning.
April 25
o Attended the Orange County Sanitation District Budget workshop; encouraged
everyone to visit the Orange County Sanitation website.
o Attended the Orange County Sanitation District Board meeting.
April 26
Attended the Association of California Cities Orange County (ACCOC) Legislative meeting.
City Council May 1, 2018
Meeting Minutes Page 8 of 13
April 28
o Attended the City of Tustin, Disaster Preparedness Expo at the South Blimp Hangar;
great event with over a thousand participants in attendance; thanked the city staff,
vendors, support of the City Council, and Mayor Murray.
o Attended the Spring Fling event at the Enderle Center; shopping and dining with live
music; good time was had by all; thanked the Enderle Center for the event.
April 29
o Attended the Stop Drowning Now event, at the Blue Buoy Swim School.
o Attended the Orange County Rescue Mission Graduation Ceremony and Dinner;
congratulated all the participants, graduates, President of the Orange County
Rescue Mission, Jim Palmer and all his staff.
April 30
o Attended the California League of Cities of Orange County Board meeting.
o Attended the Tustin Exchange Club, Accepting the Challenge of Excellence (ACE)
Awards; congratulated the recipients, Lorena Cruz, Cristina McFadden, and Skye
Jordan from the Laurel House program, who received a thousand dollar scholarship.
Announced, was invited by the Orange County Sanitation District to give a presentation to
the Local Government Committee regarding AB 2003; thanked the Orange County
Sanitation District for the invitation.
Councilmember Puckett
April 18
Attended the South Orange County Community College District, Advanced Technology and
Education Park (ATEP) Ribbon Cutting Ceremony; great addition to the Tustin community.
April 19
Attended the Tustin Public Schools Foundation Golf Fundraising Dinner; was a great event,
which raised a lot of funds for the Tustin Public Schools Foundation.
April 20
Attended the VOKO Karaoke Restaurant Ribbon Cutting Ceremony.
April 22
Attended the City -Wide Book Drive hosted by the Assistance League of Tustin, Tustin
Community Foundation, and the Tustin Public Schools Foundation; over 5,000 books were
collected; thanked the groups for all their hard work.
April 24-27
Enjoyed traveling with wife Donna Puckett, to Sedona, Arizona, for a mini vacation.
City Council May 1, 2018
Meeting Minutes Page 9 of 13
April 28
Attended the City of Tustin, Disaster Preparedness Expo at the South Blimp Hangar; was a
great event; would like to see it occur every year.
April 29
o Attended the Stop Drowning Now event, at the Blue Buoy Swim School;
congratulated Blue Boy Swim owners Johnny and Cindy Johnson for the great job
they do.
o Attended the Orange County Rescue Mission Graduation Ceremony and Dinner;
was a great event.
April 30
Attended the Tustin Exchange Club, Accepting the Challenge of Excellence (ACE) Awards.
Announced it was great to see the Boys Scouts sitting in the audience; thanked them for
attending the City Council meeting.
Councilmember Clark
April 18
Attended the South Orange County Community College District, Advanced Technology and
Education Park (ATEP) Ribbon Cutting Ceremony.
April 19
Attended the Orange County Mosquito and Vector Control Board meeting; Orange County
Mosquito and Vector Control is keeping an active watch on mosquitos and the West Nile
virus.
Ap111 2V
Attended the Flower Installation event, conducted by the Tustin Boys and Girls Club, at the
Tustin District to support the Tustin Chamber of Commerce.
April 25
Joined members in the Tustin community and wore denim, to support Denim Day, which is
a stance against sexual assault.
April 26-27
Attended the California Women's League Conference for elected and appointed women
across the state of California.
April 30
Attended the Tustin Exchange Club, Accepting the Challenge of Excellence (ACE) Awards;
congratulated the recipients in the Laurel House program; very inspirational evening.
Mayor Pro Tem Gomez
City Council May 1, 2018
Meeting Minutes Page 10 of 13
April 18
y Attended the South Orange County Community College District, Advanced Technology and
Education Park (ATEP) Ribbon Cutting Ceremony; the innovated center will be a great
addition to Tustin as well as the South Orange County Community College District.
April 19
o Attended the Orange County Library Advisory Executive Board met to discuss the
budget for the upcoming fiscal year; key accomplishments included:
• Development in of the lifelong learning database, Lynda.com; offers over 6,000
online courses in business, technology, and creative skills.
• First "Genealogy Orange" was held.
• Virtual reality equipment was installed at Aliso Viejo and Rancho Santa Margarita
libraries.
• Over 500 people attended the first Comic Orange event to celebrate graphic
novels and the art of cartooning.
• Partnership with San Juan Capistrano Mission, the Orange County Department
of Education and Cal State Fullerton was expanded to capture the local history
and culture of the Juanenos Native American tribe.
• The foreign language material collections were expanded to meet the needs of
the Orange County population in languages, such as Arabic, Farsi, Japanese,
Korean, Russian and Spanish.
• The full budget will be presented to the full board at the next meeting.
o Attended the Tustin Public School Foundation Golf Classic Dinner; a considerable
amount of money was raised through the golf tournament as well as the silent and
live auction.
April 25
Participated in the Hillview High School Senior Exit Interviews along with a panel of local
business leaders; appreciated Principal Tim O'Donoghue, and his staff for preparing the
students for their next steps beyond high school.
April 28
o Attended the Tustin Disaster Preparedness Expo; was a great success; were
numerous vendors and many citizens in attendance.
o Thanked the Tustin Police Department for hosting the "Take Back Dari'; event allows
residents to have a safe mechanism to dispose of unwanted and expired
medications.
Mayor Murray
April 18
o Attended the South Orange County Community College District, Advanced
Technology and Education Park (ATEP) Ribbon Cutting Ceremony.
o Attended the Tustin Family Campus Open House; is adjacent to the Orange County
City Council May 1, 2018
Meeting Minutes Page 11 of 13
Rescue Mission.
o Attended the Association of California Cities Orange County (ACCOC) Board
meeting.
April 19
o Attended the.Orange County Transportation Authority (OCTA) Legislative Committee
meeting.
o Attended the Tustin Chamber of Commerce, Mayor's Forum meeting with Tustin
business owners.
April 26
o Attended the Spurgeon Awards Selection Committee meeting.
o Attended the Orange County Fire Authority (OCFA) Badge Pinning Ceremony for the
new OCFA Fire Chief Brian Fennessy.
o Attended the Orange County Fire Authority (OCFA) Board meeting.
April 28
Attended the City of Tustin, Disaster Preparedness Expo at the South Blimp Hangar; was a
great event; would like to see it occur every year; thanked Tustin Communications Manager,
Stephanie Najera, Tustin Police Department, Orange County Fire Authority (OCFA), and
city staff for their hard work with the event; thanked Council Member Bernstein for initiating
the conversation for the event.
April 29
Spoke at the Stop Drowning Now event, at the Blue Buoy Swim School; thanked Blue Boy
Swim owners Johnny and Cindy Johnson for hosting the event as well the Orange County
Fire Authority (OCFA) Education staff for their help at the event.
April 30
Attended the Tustin Exchange Club, Accepting the Challenge of Excellence (ACE) Awards;
congratulated the recipients Laurel House program; three (3) outstanding students received
the award; thanked House Parents, Donna and Steve Giddings for their commitment and
mentoring to the Laurel House program.
May 1
o Attended the California Inter -City Passenger Rail Leadership meeting; a very
interesting meeting.
o Attended the Orange County Fire Authority (OCFA) Human Resources meeting.
Thanked everyone who spoke during the City Council meeting; good to see the Boy Scouts
in the audience as well.
City Council May 1, 2018
Meeting Minutes Page 12 of 13
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1
Announced upcoming events, which include:
Wally Karp Golf Tournament
Monday, May 7, 2018
Tustin Ranch Golf Club
Wally Karp Memorial Ceremony
Wednesday, May 9, 2018 at 5:30 p.m.
Tustin Police Department
Tustin Night at Angel Stadium
Thursday, May 10, 2018 at 7:05 p.m.
Recessed to Closed Session at 8:32 p.m.
Reconvened in Open Session at 10:10 p.m.
CLOSED SESSION REPORT — David E. Kendig: The Council voted unanimously directed
the lawsuit filed by the City of Santa Ana be defended by legal counsel and authorized the
City Manager, at his discretion, to enter into a joint defense agreement.
ADJOURNED at 10:11 p.m. The next meeting is scheduled on Tuesday, May 15, 2018 for
the Closed Session Meeting at 5:30 p.m. and the Regular Business Meeting at 7:00 p.m.
in the Council Chamber, 300 Centennial Way, Tustin, California.
REB' CA "BECKOff" G01
Mayor Pro Tern
ERIN. RASE,
City Clerk
City Council May 1, 2018
Meeting Minutes Page 13 of 13