HomeMy WebLinkAbout00 CC AGENDA 6.15.21 CITY OF TUSTIN REGULAR JUNE 15, 2021
MEETING OF THE CITY COUNCIL . VIDEO CONFERENCE
HOUSING AUTHORITY AND LOCAL
REUSE AUTHORITY
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
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City Council June 15, 2021
Meeting Agenda Page 1 of 13
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City Council June 15, 2021
Meeting Agenda Page 2 of 13
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REGULAR MEETING OF THE CITY COUNCIL, TUSTIN HOUSING AUTHORITY, AND
THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
CLOSED SESSION MEETING —4:30 p.m.
CALL TO ORDER — #3000
ATTENDANCE —
PUBLIC INPUT — Members of the public may address the City Council on items on the
Closed Session Agenda.
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): (3 cases)
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1 case)
3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (1 case)
A. Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Section 54956.9 related to a written threat to initiate litigation against the City for
alleged violation of the California Voting Rights Act.
4. LABOR NEGOTIATIONS — [Government Code § 54957.6]
City Council June 15, 2021
Meeting Agenda Page 3 of 13
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
5. LIABILITY CLAIMS — [Government Code § 54956.95]: (2 cases)
A. Claim of Ruth Mulnard, Claim No. 21-08
B. Claim of Tustin Ranch Shadowbrook Homeowners Association, Claim No. 21-09
6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code § 54956(d)(1): (1 case)
A. City of Santa Ana vs. County of Orange, et al. USDC, Central Dist. Cal., Civil Action
No. SA CV 18-00155 DOC JDE
REGULAR MEETING OF THE CITY COUNCIL, TUSTIN HOUSING AUTHORITY, AND
THE COUNCIL ACTING IN ITS CAPACITY AS THE LOCAL REUSE AUTHORITY
6:00 P.M.
CALL TO ORDER — #3000
INVOCATION - Pastor Jorge Molina, Mariners Church
PLEDGE OF ALLEGIANCE — Council Member Cooper
PRESENTATIONS -
o Proclamation Recognizing Juneteenth
o Proclamation Recognizing Pride Month
o Proclamation Recognizing Carbon Monoxide Awareness
City Council June 15, 2021
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o Proclamation Recognizing Roma D' Italia's 60th Anniversary
PUBLIC INPUT — At this time, any member of the public may address the Council on
matters which are not on this evening's agenda, provided the matter is within the subject
matter jurisdiction of the City Council.
CLOSED SESSION REPORT— City Attorney David E. Kendig
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 12)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE
AGENDA
Recommendation: 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 — THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON JUNE 1, 2021 AND THE BUDGET WORKSHOP OF THE CITY
COUNCIL HELD ON MAY 24, 2021.
Recommendation: That the City Council approve the Action Minutes of the Regular
Meeting of the City Council held on June 1, 2021 and the Budget Workshop of the
City Council held on May 24, 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.
Recommendation: It is recommended that the City Council approve Payroll in the
amount of $854,546.54; and Demands in the amount of $4,142,671 .67.
4. APPROVE AGREEMENT FOR INDEPENDENT AUDIT SERVICES
Clifton Larson Allen LLP recently concluded their work as the City's auditors upon
the completion of the audit for Fiscal Year 2019/20. On March 29, 2021 , the City
issued a Request for Proposal (RFP) for Professional Auditing Services. The City
received eight (8) proposals, and on May 26, 2021 , the Audit Commission
interviewed the highest ranked audit firms. Based on the advisement of the Audit
City Council June 15, 2021
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Commission, it is recommended that the City Council consider the appointment of
Davis Farr LLP to serve as the City's independent auditor.
Recommendation: It is recommended, based on the advisement of the Audit
Commission, that the City Council approve Davis Farr LLP as the independent
certified public accounting firm to perform auditing services for three years beginning
with the fiscal year ending June 30, 2021 , with the option of providing the same
services for the two subsequent fiscal years. Staff also requests Council authorize
the City Manager to execute the agreement with Davis Farr LLP subject to any non-
substantive modifications as may be deemed necessary and/or recommended by the
City Attorney.
5. OFFICE LEASE EXTENSION FOR 275 CENTENNIAL WAY, SUITE 104
Authorization is requested to execute a five-year lease extension through June 30,
2026, for the suite at 275 Centennial Way to provide office space for the Economic
Development Department employees and certain operational functions.
Recommendation: It is recommended the City Council authorize the City Manager
to execute the attached lease extension for Suite 104 at 275 Centennial Way,
consistent with the general terms identified in this Agenda Report.
6. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBER
396-333-02
Resolution 21-45 will declare APN 396-333-02 as surplus land pursuant to California
Government Code Section 54221 .
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution 21-45: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSORS PARCEL NUMBER 396-333-02 AS
SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54221
2. Authorize the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBER 396-333-02 AS SURPLUS LAND PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221 .
7. APPROPRIATION LIMIT FOR FISCAL YEAR 2021/2022
City Council June 15, 2021
Meeting Agenda Page 6 of 13
Article XIII B of the State Constitution requires each City to annually adopt a limit on
appropriations for all governmental funds. The following recommendation and
attached worksheets are based on the FY2021-2023 Proposed Biennial Budget as
presented to the City Council on May 24, 2021 .
Recommendation:
1. Select the change in the California per Capita Personal Income as the price factor
for adjusting the Fiscal Year 2021/2022 appropriations limit.
2. Adopt Resolution No. 21-42 setting the appropriation limit for Fiscal Year
2021/2022 at $102,424,952.
RESOLUTION NO. 21-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING AND ADOPTING AN APPROPRIATION LIMIT FOR THE FISCAL
YEAR 2021-2022 IN ACCORDANCE WITH ARTICLE XIII B OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT
CODE
8. APPROVE THE ANNUAL MEASUR E M2 ELIGIBILITY SUBMITTAL PACKAGE,
FISCAL YEAR 2021-2022
In order to maintain eligibility for funding under the Orange County Measure M2
Program, the City is required to annually submit a compliance package to the Orange
County Transportation Authority (OCTA).
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt the attached Measure M2 Seven-Year Capital Improvement Program
(CIP) (Fiscal Year 2021-2022 through Fiscal Year 2027-2028);
2. Approve Resolution No. 21-47 informing the OCTA that there have been no
changes to the City's Circulation Element of the General Plan and that it is
consistent with the Master Plan of Arterial Highways and that the City concurs
with the Mitigation Fee Program for new development ;
3. Approve Resolution No. 21-48 informing the OCTA that the City updated a
Pavement Management Plan that is in conformance with the OCTA format;
and
4. Authorize the Director of Public Works/City Engineer to submit the City of
Tustin's Measure M2 eligibility package to the OCTA.
RESOLUTION NO. 21-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
City Council June 15, 2021
Meeting Agenda Page 7 of 13
CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT,
AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM
RESOLUTION NO. 21-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT
PLAN FOR THE MEASURE M (M2) PROGRAM
9. RESOLUTION DECLARING ASSESSORS PARCEL NUMBERS 430-271-81 AND
PORTIONS OF 430-271-78, 80, 82, 84, 92, 93, 430-371-41, 42, 43, 44, 45, 46, 48,
51, 54, 73, 74, 76, 77 EXEMPT FROM THE REVISED SURPLUS LAND ACT
Resolution 21-50 will declare APN 430-271-81 and portions of 430-271-78, 80, 82,
84, 92, 93, 430-371-41, 42, 43, 44, 45, 46, 48, 51 , 54, 73, 74, 76, 77 exempt from
the revised Surplus Land Act (SLA) pursuant to California Government Code Section
54234 and the Final Surplus Land Act Guidelines Section 103 (b) (1) (A).
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution 21-50: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSORS PARCEL NUMBERS 430-271-81 AND
PORTIONS OF 430-271-78, 80, 82, 84, 92, 93, 430-371-41 , 42, 43, 44, 45,
46, 48, 51 , 54, 73, 74, 76, 77 EXEMPT FROM THE REVISED SURPLUS
LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES SECTION 103
(b) (1) (A).
2. Authorize the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBERS 430-271-81 AND PORTIONS OF 430-271-78, 80, 82, 84, 92,
93, 430-371-41, 42, 43, 44, 45, 46, 48, 51 , 54, 73, 74, 76, 77 EXEMPT FROM THE
REVISED SURPLUS LAND ACT PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54234 AND THE FINAL SURPLUS LAND ACT GUIDELINES
SECTION 103 (b) (1) (A).
10. SURPLUS PROPERTY DECLARATION FOR ASSESSORS PARCEL NUMBERS
430-371-20, 22, 25, 26, 40, 59, 60, 43, 61, 67, 68 AND PORTIONS OF 430-371-39,
56, 57, 58 AND 77
City Council June 15, 2021
Meeting Agenda Page 8 of 13
Resolution 21-49 will declare APN 430-371-20, 22, 25, 26, 40, 59, 60, 61 , 67, and
68; and portions of 430-371-39, 56, 57, 58 and 77 as surplus property pursuant to
California Government Code Section 54221 .
Recommendation: It is recommended that the City Council take the following
actions:
1 . Adopt Resolution 21-49: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
COMPRISED OF ASSESSORS PARCEL NUMBERS 430-371-20, 22, 25, 26,
40, 59, 60, 61 , 67, AND 68; AND PORTIONS OF 430-371-39, 56, 57, 58 AND
77 AS SURPLUS PROPERTY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221 .
2. Authorize the City Manager to sign and direct staff to submit the appropriate
documentation to the California Department of Housing and Community
Development in connection with the Resolution.
RESOLUTION NO. 21-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF ASSESSORS
PARCEL NUMBERS 430-371-20, 22, 25, 26, 40, 59, 60, 61 , 67, AND 68; AND
PORTIONS OF 430-371-39, 56, 57, 58 AND 77 AS SURPLUS PROPERTY
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54221 .
11. RESOLUTION DETERMINING THE NEED TO CONTINUE THE LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Consider adoption of Resolution 21-52 determining that there is a need to continue
the local emergency relating to COVID-19 in accordance with Government Code
Section 8630.
Recommendation: Adopt Resolution No. 21-52 Determining the Need to Continue
the Local Emergency Regarding Novel Coronavirus (COVID-19).
RESOLUTION NO. 21-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
REGARDING NOVEL CORONAVIRUS (COVID-19)
12. LEGISLATIVE UPDATE
Staff and the City's consultant (Townsend Public Affairs) have prepared a summary
of state legislative activity.
Recommendation: Receive and file the May 2021 Legislative and Tracking Matrix
Updates.
City Council June 15, 2021
Meeting Agenda Page 9 of 13
PUBLIC HEARING ITEMS 13-14
13. CONDUCT PUBLIC HEARING TO CONSIDER LEVYING OF ANNUAL
ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
FOR FISCAL YEAR 2021-2022
The Tustin Landscape and Lighting District Engineer's Report was completed and
approved by the City Council at their April 20, 2021 meeting. At that meeting, the City
Council declared its intention to levy annual assessments and set a public hearing
for June 15, 2021 . In order to levy the annual assessments , the City Council is
required to conduct a public hearing and, provided there is no majority protest, adopt
Resolution No. 21-44 confirming the annual assessments for Fiscal Year 2021-2022.
Recommendation: It is recommended that the City Council:
1 . Conduct a public hearing to receive testimony on the proposed levy of annual
assessments for the Tustin Landscape and Lighting District for Fiscal Year
2021-2022; and
2. Adopt Resolution No. 21-44 confirming the annual assessments for Fiscal
Year 2021-2022.
RESOLUTION NO. 21-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN
RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND
LIGHTING DISTRICT FOR FISCAL YEAR 2021-2022
14. ADOPT RESOLUTION NO. 21-46 FORMING AND LEVYING ASSESSMENTS
WITHIN TUSTIN LANDSCAPE AND LIGHTING REASSESSMENT DISTRICT
2021 AND REPLACING THE EXISTING TUSTIN LANDSCAPE AND LIGHTING
DISTRICT
The Tustin Landscape and Lighting District was formed in 1985 to fund the
maintenance of perimeter landscaping on the arterial highways and for the operation
and maintenance of street lighting on public streets within the Tustin Ranch area.
Assessments for the benefiting properties were first confirmed for Fiscal Year 1985-
1986 and each fiscal year thereafter. Assessments collected through the District do
not cover the cost of maintenance. Surplus bond funds have been used since Fiscal
Year 2009-2010, as allowed by the California Streets and Highways Code, to fully
fund annual maintenance needs within the District boundaries. The surplus funds are
nearly exhausted and a new Tustin Landscape and Lighting Reassessment District
2021 (Reassessment District 2021) will need to be formed to ensure annual revenue
is not less than expenses.
At the April 20, 2021 meeting, the City Council approved the Engineer's Report for
the Levy of Annual Assessments for the Tustin Landscape and Lighting
City Council June 15, 2021
Meeting Agenda Page 10 of 13
Reassessment District 2021 and set a public hearing for June 15, 2021 . Ballots were
mailed to all property owners on April 30, 2021 . At the close of the public hearing, a
consultant hired by the City will tabulate all returned ballots to determine if there is
sufficient property owner support for creating Reassessment District 2021 .
Recommendation: It is recommended that the City Council:
1 . Conduct a public hearing to receive testimony on the formation of Tustin
Landscape and Lighting Reassessment District 2021 and associated
assessments to be levied for Fiscal Year2021-2022; and
2. After tabulation of all ballots, and only if a majority of ballots support the
formation of Tustin Landscape and Lighting Reassessment District 2021 ,
adopt Resolution No. 21-46.
RESOLUTION NO. 21-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING THE FORMATION OF TUSTIN LANDSCAPE AND LIGHTING
REASSESSMENT DISTRICT 2021 AND CONFIRMING THE ANNUAL
ASSESSMENTS FOR FISCAL YEAR 2021-2022
REGULAR BUSINESS ITEMS 15-16
15. FISCAL YEAR 2021/22 BUDGET ADOPTION
On May 24, 2021 , the City Council conducted a budget workshop on the Proposed
Biennial Budget and Capital Improvement Program for Fiscal Years 2021/22 and
2022/23. At the end of Fiscal Year 2022/23, General Fund Reserves are projected to
remain at or above the City Council's minimum reserve policy. Staff recommends
that the City Council proceed with the adoption of the budget for the First Year (Fiscal
Year 2021/22) of the 2021-2023 Biennial Budget and related resolutions.
Recommendation:
1. Adopt Resolution No. 21-41, Adopting the First Year (Fiscal Year 2021/22) of
the 2021-2023 Biennial Budget and Appropriating from the Anticipated
Revenues of the City for Fiscal Year 2021/22-1
2. Adopt Tustin Housing Authority Resolution No. 21-01 , Adopting the Housing
Authority Budget and Appropriating from the Anticipated Revenues of the
Authority for the Fiscal Year 2021/22-1
3. Adopt Resolution No. 21-43, Amending the City's Salary Schedule and the
Position Control Schedule consistent with the Proposed Budget for Fiscal Year
2021/22-1 and,
4. Adopt Resolution No. 21-51, Authorizing a loan from the Land Held for Resale
Fund to the Tustin Water Enterprise Fund.
City Council June 15, 2021
Meeting Agenda Page 11 of 13
RESOLUTION NO. 21-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE FIRST YEAR (FISCAL YEAR 2021/22) OF THE 2021-2023
BIENNIAL BUDGET AND APPROPRIATING FROM THE ANTICIPATED REVENUES
OF THE CITY FOR THE FISCAL YEAR 2021/22
TUSTIN HOUSING AUTHORITY RESOLUTION NO. 21-01 A RESOLUTION OF
THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING THE HOUSING AUTHORITY BUDGET AND APPROPRIATING FROM
THE ANTICIPATED REVENUES OF THE AUTHORITY FOR THE FISCAL YEAR
2021/22
RESOLUTION NO. 21-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE CITYWIDE SALARY SCHEDULE AND POSITION CONTROL
SCHEDULE
RESOLUTION NO. 21-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING A LOAN FROM THE LAND HELD FOR RESALE FUND TO THE
TUSTIN WATER ENTERPRISE FUND
16. TUSTIN CARES 2021 AND THE AMERICAN RESCUE PLAN ACT OF 2021
As a continuation of the Tustin CARES program launched last year in response to
the onset of the global COVID-19 pandemic, $7.4 million from the American Rescue
Plan Act of 2021 (ARPA) are expected to be utilized to provide additional rounds of
aid and reinvestment into the Tustin community to respond to the public health
emergency, address related negative economic impacts, and to invest in water and
broadband infrastructure. A portion of ARPA funds are also expected to be utilized to
replace lost revenue related to the public health emergency for the provision of
government services through December 31, 2024.
Recommendation: It is recommended that the City Council:
1 . Authorize the City Manager to Accept and Appropriate up to $7,380,784 of
American Rescue Plan Act funds to fund the Tustin CARES 2021 program for
COVID response, relief and reinvestment,
2. Authorize the City Manager to Accept and Appropriate the remaining
allocation of American Rescue Plan Act funds consistent with the spending
plan outlined within this report.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
COUNCIL MEMBER COMMENTS AND REPORTS
City Council June 15, 2021
Meeting Agenda Page 12 of 13
ADJOURNMENT - The next meeting is scheduled on Tuesday, July 6, 2021 for the Closed
Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council June 15, 2021
Meeting Agenda Page 13 of 13