HomeMy WebLinkAbout02 CC MINUTES 4.6.21 DocuSign Envelope ID: BEE51 E5B-6008-493F-8E6A-88E4F576352B
Agenda Item 2
Reviewed: DS
City Manager
Finance Director N/A
CITY OF TUSTIN REGULAR APRIL 6, 2021
MEETING OF THE CITY COUNCIL ► VIDEO CONFERENCE
Austin Lumbard, Mayor Pro Tem
Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager
Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk
Ryan Gallagher, Council Member David E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING — 4:30 p.m.
CALL TO ORDER — #2495 at 4:30 p.m.
ATTENDANCE —
Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council
Members Barry W. Cooper and Ryan Gallagher
Absent: Council Member Rebecca Gomez
City Clerk: Erica N. Yasuda, City Clerk
Others Present: David E. Kendig, City Attorney; Matthew S. West, City Manager
Council Member Gomez arrived at 4:38 p.m.
PUBLIC INPUT— None
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 - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (2 cases)
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
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Government Code § 54956.9(d)(1): (3 cases)
A. City of Tustin vs. City of Santa Ana: City Council of the City of Santa Ana, Case No.
30-2020-01161134
B. Protect Tustin Ranch v. City of Tustin, et al.,Orange County Superior Court Case No.
30-2019-01113056-CU-PT-CXC
C. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action
No. SA CV 18-00155 DOC JDE
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]
Agency Negotiators: Derick Yasuda, Director of Human Resources and Peter Brown,
Liebert Cassidy Whitmore
Employee Organization- Tustin Municipal Employees Association TMEA
Employee Organization- Tustin Police Officers Association—Management Unit TPMA
Employee Organization- Tustin Police Officers Association—Officer Unit TPOA
Employee Organization: Tustin Police Support Services Management Association
(TPSSMA)
Employee Organization- Tustin Police Support Service Association TPSSA
Employee Organization: Unrepresented Confidential Employees
Employee Organization: Unre resented Supervisory Employees
Employee Organization: Unrepresented Executive Management and Management
Employees
Employee Organization: Unrepresented Part-Time Employees
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
5:30 P.M.
CALL TO ORDER — #2495 at 5:38 p.m.
PLEDGE OF ALLEGIANCE — Council Member Barry W. Cooper
PUBLIC INPUT—
1 . Sam Robertson, One Seed Community Garden
PRESENTATION — Mayor Clark presented a Proclamation recognizing Celebrate Diversity
Month.
CLOSED SESSION REPORT — City Attorney David E. Kendig: The Council met with the
Director of Human Resources Derick Yasuda and Peter Brown, Liebert Cassidy Whitmore
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to discuss labor negotiations. Other than that, there is no reportable action.
INTERVIEW AND APPOINT CANDIDATES FOR THE 2021 VACANCIES
Due to term expirations and vacancies, City Council direction is needed to fill vacancies on
the Planning, Audit, and Community Services Commissions, Building Board of Appeals and
Public Art Committee.
Audit Commission
The City Council interviewed the following candidates to serve on the Audit Commission:
Jered Elmore, Kenneth Higman, and John Wende.
Council Member Gomez nominated John Wende. Mayor Pro Tem Lumbard seconded the
nomination.
Council Member Cooper nominated Kenneth Higman. This nomination did not receive a
second.
Mayor Pro Tem Lumbard nominated Jered Elmore. Council Member Gallagher seconded
the nomination.
The City Clerk conducted a roll call vote for John Wende. The motion carried: 5-0.
The City Clerk conducted a roll call vote for Jered Elmore. The motion carried: 5-0.
Community Services Commission
The City Council interviewed the following candidates to serve on the Community Services
Commission: Sanjeev Ganatra, Stephen "Rusty" Kozak, Michele Markus, Donna Peery, and
Laseanda Wesson.
Council Member Gomez nominated Donna Peery. Mayor Pro Tem Lumbard seconded the
nomination.
Council Member Cooper nominated Stephen "Rusty" Kozak. Council Member Gallagher
seconded the nomination.
Council Member Gomez nominated Laseanda Wesson. Mayor Clark seconded the
nomination.
The City Clerk conducted a roll call vote for Donna Peery. The motion carried: 5-0.
The City Clerk conducted a roll call vote for Stephen "Rusty" Kozak. The motion carried: 5-
0.
The City Clerk conducted a roll call vote for Leseanda Wesson. The motion carried: 5-0.
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The City Council interviewed the following candidates to serve on the Planning Commission:
Lee Fink, Eric Higuchi, Steve Kozak, Dave Mello, Toby Moore, and Jorge Valdes.
Mayor Pro Tem Lumbard nominated Steve Kozak. Mayor Clark seconded the nomination.
Council Member Gallagher nominated Eric Higuchi. Mayor Pro Tem Lumbard seconded
the nomination.
Council Member Gomez nominated Lee Fink. Mayor Clark seconded the nomination.
Council Member Cooper nominated Dave Mello. Mayor Clark seconded the nomination.
Council Member Gomez nominated Toby Moore. The nomination did not receive a second.
The City Clerk conducted a roll call vote for Steve Kozak. The motion carried: 5-0
The City Clerk conducted a roll call vote for Eric Higuchi. The motion carried: 4-1 (Mayor
Clark dissented)
The City Clerk conducted a roll call vote for Lee Fink. The motion failed: 2-3 (Mayor Pro
Tem Lumabrd, Council Member Cooper and Council Member Gallagher dissented)
The City Clerk conducted a roll call vote for Dave Mello. The motion carried: 4-1 (Council
Member Gomez dissented)
Building Board of Appeals
The City Council interviewed the following candidates to serve on the Building Board of
Appeals: Rafat Abbasi, Wendy Brough, Nathan Menard, and John Parker.
Council Member Gallagher nominated John Parker. Mayor Pro Tem Lumbard seconded
the nomination.
Council Member Gomez nominated Wendy Brough. Mayor Clark seconded the nomination.
Mayor Clark nominated Nathan Menard. Council Member Gomez seconded the
nomination.
Mayor Pro Tem Lumbard nominated Rafat Abbasi. Council Member Cooper seconded the
nomination.
The City Clerk conducted a roll call vote for John Parker. The motion carried: 5-0.
The City Clerk conducted a roll call vote for Wendy Brough. The motion carried: 5-0.
The City Clerk conducted a roll call vote for Nathan Menard. The motion failed: 2-3 (Mayor
Pro Tem Lumbard, Council Member Cooper, and Council Member Gallagher dissented).
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The City Clerk conducted a roll call vote for Rafat Abbasi. The motion carried: 4-1 (Council
Member Gomez dissented)
Public Art Committee
The City Council interviewed the following candidates to serve on the Public Art Committee:
Erin Bruner and Linda Rife.
Council Member Gomez nominated Linda Rife. Mayor Clark seconded the nomination.
Mayor Pro Tem Lumbard nominated Erin Bruner. Council Member Gallagher seconded the
nomination.
The City Clerk conducted a roll call vote for Linda Rife. The motion failed: 2-3 (Mayor Pro
Tem Lumbard, Council Member Cooper, and Council Member Gallagher dissented)
The City Clerk conducted a roll call vote for Erin Bruner. The motion carried: 4-1 (Council
Member Gomez dissented)
CONSENT CALENDAR ITEMS 1-8 —
It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gomez to pull
Item No. 7 and approve the balance as recommended by staff.
Roll Call Vote — City Clerk
Motion carried: 5-0
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Motion: The City Council waived reading in full of all ordinances and resolutions on
the agenda and declared 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 — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON MARCH 16, 2021.
Motion: The City Council approved the Action Minutes of the Regular Meeting of the
City Council held on March 16, 2021 .
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.
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Motion: The City Council approved Payroll in the amount of $837,459.35 and
Demands in the amount of $7,319,315.57.
4. AWARD CONTRACT FOR THE ANNUAL ROADWAY REHABILITATION AND
SIDEWALK REPAIR PROJECT, CIP NO. 70020
Staff is requesting the City Council award a construction contract to the lowest
responsive/responsible bidder for the Annual Roadway Rehabilitation and Sidewalk
Repair Project, CIP No. 70020.
Motion: The City Council awarded a construction contract to the lowest
responsive/responsible bidder, Onyx Paving Company, Inc. in the amount of
$1 ,661 ,000.00, for the Annual Roadway Rehabilitation and Sidewalk Repair Project,
CIP No. 70020 and authorized the Mayor and the City Clerk to execute the contract
documents on behalf of the City.
5. APPROVE GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA EDISON
COMPANY OVER PORTIONS OF LOTS B, 1, 2 AND 12 OF TR 18197 SERVING
NEIGHBORHOOD D SOUTH AT TUSTIN LEGACY
Ongoing construction of the Brookfield Development in Neighborhood D South at
Tustin Legacy necessitates the provision of easements for electrical service to the
development. Underground electrical supply systems and communication systems
are to be subsequently provided.
Motion: The City Council authorized the Mayor to execute the grant of easement to
Southern California Edison ("SCE") as shown on the attached easement document
exhibits for the purposes of installation and maintenance of the systems as outlined
in the attached easement documents; and authorized the City Manager to approve
any future modifications to the proposed grants of easement which may be necessary
to meet the intent of providing said services to the Brookfield project.
6. NOTICE OF COMPLETION FOR THE PEPPERTREE PARK IMPROVEMENTS
PROJECT (CIP No. 20085)
Construction for the Peppertree Park Improvements Project (CIP No. 20085) has
been completed to the satisfaction of the City Engineer and is now ready for City
Council acceptance.
Motion: The City Council:
1 . Adopted Resolution No. 21-21 accepting the Peppertree Park Improvements
Project (CIP No. 20085); and
2. Authorized the City Engineer to execute and file the Notice of Completion with
the County Recorder's Office.
RESOLUTION NO. 21-21
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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 PEPPERTREE
PARK IMPROVEMENTS (CIP 20085)
7. 2019-2020 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
The 1980 amendments to the National Historic Preservation Act of 1966 provided for
the establishment of a Certified Local Government Program (CLG) to encourage the
participation of local governments in the identification, evaluation, registration, and
preservation of historic properties and promote the integration of local historic
preservation into local planning and decision-making processes. As a participant in
the program, the City of Tustin is required to submit an annual report to the State of
California Office of Historic Preservation (OHP). The attached annual report
summarizes the City's historic preservation efforts and describes how the City met
the requirements of the program during the 2019-2020 reporting period. On March
23, 2021 , the Planning Commission, as Historic and Cultural Resources Advisor,
approved the Annual Report and directed staff to forward the Annual Report to the
OHP. This report is forwarded to the City Council for information only.
Council Member Gomez inquired about the required training for Planning
Commission members serving as the Historic and Cultural Resources Advisor.
Director of Community Development Justina Willkom provided a response.
It was moved by Council Member Gomez and seconded by Council Member Cooper
to receive and file this report.
Roll Call Vote — City Clerk
Motion carried: 5-0
8. ADOPT RESOLUTIONS ORDERING THE PREPARATION OF THE ENGINEER'S
REPORT FOR THE TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT
DISTRICT 2021 AND THE ENGINEER'S REPORT FOR THE TUSTIN
LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL ASSESSMENTS
FOR FISCAL YEAR 2021-2022
The Tustin Landscape and Lighting District provides funding for the maintenance of
perimeter landscaping on the arterial streets and for the operation and maintenance
of street lighting on public roads within the Tustin Ranch area. Resolution No. 21-23
orders the preparation of the Engineer's Report for the Tustin Landscape and Lighting
Reassessment District 2021 (Reassessment District 2021) for Fiscal Year 2021-
2022. This will be followed by sending a ballot to the owner of record of each parcel
within the boundaries of the Reassessment District 2021 to vote their support for
forming a new Reassessment District or maintaining the levy within the District as it
currently exists.
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If there is insufficient support for the formation of the Reassessment District 2021 , an
engineering analysis will be required to identify property benefits and to levy
assessments in the existing District. Resolution No. 21-24 orders the preparation of
the Engineer's Report for the Tustin Landscape and Lighting District Levy of Annual
Assessments for Fiscal Year 2021-2022.
Motion: The City Council:
1 . Adopted Resolution No. 21-23 ordering the preparation of the Engineer's
Report for the Tustin Landscape and Lighting Reassessment District 2021
Levy of Annual Assessments for Fiscal Year 2021-2022; and
2. Adopted Resolution No. 21-24 ordering the preparation of the Engineer's
Report for the Tustin Landscape and Lighting District Levy of Annual
Assessments for Fiscal Year 2021-2022.
RESOLUTION NO. 21-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
INITIATING PROCEEDINGS FOR THE FORMATION OF THE TUSTIN
LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT 2021
RESOLUTION NO. 21-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
ORDERING THE PREPARATION OF AN ENGINEER'S REPORT FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTRICT LEVY OF ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2021-2022
REGULAR BUSINESS ITEMS 9-10
9. STATUS OF STREET SWEEPING ENFORCEMENT DURING COVID-19
City Manager Matthew S. West provided a verbal presentation.
Discussion regarding street sweeping enforcement during the global COVID-19
pandemic as requested by the City Council at their March 16, 2021 meeting.
Public Input — John Garay submitted e-comments (distributed to the City Council on
April 6th)
It was moved by Mayor Pro Tem Lumbard to continue current standard enforcement
operations if and until the City receives more appeals in writing that show the citations
are directly related to the stay at home order.
Mayor Clark requested clarification on whether a motion is needed for the direction.
City Attorney David E. Kendig clarified that the direction is that enforcement continue
as is and staff will continue to monitor the citations and report back if information is
found. Therefore, a motion is not needed.
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Mayor Pro Tem Lumbard withdrew his motion.
10. DRAFT 2021 LEGISLATIVE PLATFORM
Senior Management Analyst Ken Piguee, Townsend Public Affairs Representatives
Cori Takkinen and Sean McReynolds provided a PowerPoint presentation.
Adopt the 2021 Legislative Platform that incorporates input from City Departments,
the City Council, and the City's state advocacy consultant Townsend Public Affairs
(TPA).
It was moved by Council Member Gomez and seconded by Council Member
Gallagher to adopt the 2021 Legislative Platform.
Roll Call Vote — City Clerk
Motion carried: 5-0
OTHER BUSINESS/CITY MANAGER REPORT
City Manager Matthew S. West
Announced the City has mailed a postcard to Tustin residents that identifies a number of
workshops and items; two Strategic Plan Workshops, the first one on April 14, 2021 and the
second one on May 12, 2021 ; additionally, there are two other workshops and townhalls,
on April 13, 2021 is the Tustin Business Townhall; the Mayor and the Small Business
Development Council will be providing resources; also on May 11 , 2021 will be the Housing
Element Joint Workshop with the Planning Commission and City Council; looks forward to
the upcoming workshops.
COUNCILMEMBER COMMENTS AND REPORTS
Council Member Gallagher
March 17
Attended the Orange County Sanitation District (OCSD) Strategic Planning meeting; was
the second meeting of three total meetings.
March 24
Attended the Orange County Sanitation District (OCSD) Board meeting.
April 2
Attended the Water Advisory Committee of Orange County (WACO) meeting; a
presentation on cloud seeding was given; this is practice that has been going on for
decades, including in California and is moving forward in Orange County; thought it was an
interesting presentation.
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Council Member Gomez
March 18
Attended the Orange County Mosquito and Vector Control meeting; considerable
discussion on obtaining a new facility as the current facility has been outgrown, three
presentations given, "Virtual Vectors: Teaching During Unprecedented Times", "In2Care
Trial as a Mosquito Control Option", and "Introduction of Potential Orange County Mosquito
and Vector Control District Facility Relocation Location"; last presentation was followed by
a Closed Session discussion regarding a facility; informational items included an update on
vector activities and outreach activities.
March 20
Spoke with the Huntington Beach Huddle Group in honor of Women's History Month.
March 31
Attended the Tustin Police Department's promotional ceremony; congratulated Tustin's new
Police Officers, Officer Flores and Officer Byrd who were sworn in on Wednesday, March
31 sc
April 3
• Thanked the Parks and Recreation staff and the many volunteers who assisted with
the Hoppy Easter event at the Tustin Sports Park; the event was very well organized
and many families were able to participate; greatly appreciated everyone following
the rules by wearing masks and maintaining distance to make the event a success.
• Attended a brief tour of the COVID-19 vaccine pod at Columbus Tustin Middle School
with Mayor Clark; was a successful program with the assistance of the County of
Orange with the Tustin Police Department taking the lead; thanked all the volunteers
who quickly mobilized to make the clinic a success; Dr. Clayton Chau, lead physician
of the Orange County Health Care Agency, was present and was helping to vaccinate
the public; was very successful; there were long lines at one point, but they seemed
to be moving along with participants being rapidly served; encouraged the public to
get vaccinated; the Police Explorers did a great job at directing traffic and keeping
parking available for those who needed to get the vaccine; they were scheduled to
administer about 300 vaccines; asked City Manager, Matthew S. West, to give an
update if the goal was achieved.
Thanked Families Together of Orange County Clinic for their work in vaccinating the local
restaurant employees; spoke to one business owner in the District who was very grateful
for this process.
Announced received the COVID-19 vaccine at the Families Together of Orange County
Clinic, the process was very smooth; encouraged everyone to get their COVID-19 vaccine
when eligible; in the meantime, asked everyone to keep wearing their mask and keep their
distance to help keep Tustin safe.
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Council Member Cooper
Spoke with Soledad Rivera, Director of Business Development for Families Together of
Orange County; was informed as of today, 20,000 COVID-19 vaccinations had been given
out through Families Together of Orange County.
Thanked Mayor Pro Tem Lumbard and Council Member Gomez for taking the time to
interview all the applicants who applied for City of Tustin Boards and Commissions; thanked
them for bringing a narrowed down list of applicants to the City Council for a decision on
tonight's agenda; thanked everyone who applied.
Mayor Pro Tem Lumbard
March 17
Attended the Newport Bay Watershed Executive Committee meeting.
March 25
• Attended the Transportation Corridor Agencies (TCA) Joint Capital Programs and
Projects Committee meeting.
• Attended the Santa Ana River Flood Protection Agency (SARFPA) Executive
Committee meeting.
April 3
Attended the Parks and Recreation's Hoppy Easter event; congratulated staff for putting on
a very successful event; feels the shift in optimism that is happening with the economy.
Agreed with City Manager, Matthew S. West; the City does have a lot coming up in the next
couple of months; announced the two Strategic Plan Workshops, both in April and May;
Joint Planning Commission and City Council Workshop on the Housing Element in May; a
Budget Workshop in May; the next two to three months are going to be critical in setting the
path for Tustin for the next eight to ten years; encourages and welcomes community input
at each forum; announced during the workshops, the City Council would like to hear from
the community; looks forward to participating in the workshops.
Mayor Clark
Thanked all Council Members for their reports; it is important the residents know how City
Council is serving the community.
March 24
• Participated in a townhall hosted by Congresswoman Katie Porter and California
State Senator Dave Min; presented on Tustin issues, but from the perspective on the
Federal, State and Local level; great to participate in; Congresswoman Porter has
over a million followers on Twitter, making it a well-attended event.
• Attended a soft opening for the new ramen restaurant, JINYA Ramen, off Irvine Blvd;
is a beautiful establishment; felt safe and comfortable; recommends anyone to
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frequent JINYA.
March 25
Attended an Orange County Fire Authority Board meeting; discussed the Drowning
Prevention Task Force; the City of Tustin has been involved with the task force through the
leadership of former Mayor Murray; if the City has an opportunity to promote drowning
prevention or drowning education, she encourages that participation.
March 26
Held virtual office hours; will continue to hold virtual office hours on the last Friday of every
month; really enjoys hearing from community members.
March 27
Attended an Anti-Asian and Pacific Islander Hate and Violence Rally at Irvine City Hall with,
City of Irvine Mayor Farrah N. Khan and Vice Mayor Tammy Kim; was well attended and
very peaceful; appreciated being able to speak and participate.
March 31
Attended Tustin Community Foundation's (TCF) non-profit roundtable; thanked TCF for
organizing the roundtable.
April 2
Announced received the second COVID-19 vaccination at the Families Together of Orange
County Clinic; reiterated Council Member Gomez and Council Member Cooper comments
regarding Families Together of Orange County; they are one of the Federally Qualified
Health Centers (FQHC) in the area; they have been amazing during this time; the Tustin
community is fortunate to have Families Together of Orange County on the frontlines.
April 3
• Attended the amazing Hoppy Easter event; thanked staff and the community for
participating and being patient by following the guidelines so the community could
celebrate safely together.
• Attended the tour of the COVID-19 vaccine pod at Columbus Tustin Middle School
led by the County of Orange; City Manager, Matthew S. West, confirmed there were
approximately 300 people receiving the COVID-19 vaccine; thanked City Manager,
Matthew S. West, city staff, and the Tustin Police Department for stepping up to
volunteer; announced when the County contacted the City for a location and
volunteers for the COVID-19 vaccination pod, city staff stepped up to make this
happen.
Congratulated Danielle Jones for being accepted to the University of Southern California
(USC); Danielle is a Tustin resident who unofficially interned for Tustin's Lemonade Day
and the Girls in Government events.
ADJOURNED at 7:56 p.m. The next meeting is scheduled on Tuesday, April 20, 2021 for
the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 5:30 p.m.
City Council April 6, 2021
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