HomeMy WebLinkAbout02 CC MINUTES 12.16.25
Agenda Item 2
Reviewed:
City Manager______
Finance DirectorN/A
CITY OF TUSTIN MEETING DECEMBER 16,2025
OF THE CITY COUNCIL300 CENTENNIAL WAY, TUSTIN
COUNCIL CHAMBER
VIDEO CONFERENCE
Ray Schnell, Mayor Pro Tem
Ryan Gallagher, Council Member Austin Lumbard, Mayor Aldo E. Schindler, City Manager
Lee K. Fink, Council MemberErica N. Yasuda, City Clerk
John Nielsen, Council MemberDavid E. Kendig, City Attorney
MINUTES OF THE CLOSED SESSION MEETING OF THE CITY COUNCIL
4:30 P.M.
CALL TO ORDER–#3090at 4:30 p.m.
ROLL CALL–City Clerk
PUBLIC INPUT–None
CLOSED SESSION UPDATE–City Attorney David E. Kendig: The City Council will
convene to discuss Items 1-5 as they appear on the Closed Session agenda, including
under Item 1-anticipated litigation –discussion of a written threat of litigation received from
legal counsel from CTEHregardingtheir invoices which are being reviewed by the Navy;
discussion of written threat received from legal counsel for Travelers Insurance regarding
cleanup of property owned by its policy holder, Meta Housing; discussion of a letter
threateninglitigation from ATI Restoration LLC regarding their invoices which are being
reviewed by the Navy.As well as Item No. 4, conference with Council’s designated real
property negotiators Aldo E. Schindler, City Manager; Nicole Bernard, Assistant City
Manager; Brian Moncrief, Deputy City Manager/Real Property. Council will discuss Items
3 and 5, as they appear on the agenda. Council will not discuss Item 2.
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),
(e)(2), (e)(3), (e)(5): (5cases)
CityCouncilDecember 16,2025
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2.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -Initiation
of litigation pursuant to Government Code § 54956.9(d)(4): (1case)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION –
Significant exposure to litigation pursuant to Government Code § 54956.9(d)(2): (1
case) – related to the fire at the North Hangar owned by the Navy and the release
of hazardous materials therefrom
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - \[Government Code §
54956.8\] (2 cases)
A.Property 150 E. First St.
Address/Description
Agency City of Tustin
City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard,
Assistant City Manager; Brian Moncrief, Deputy City
Manager/Real Property
Negotiating Parties CAZ LLC
Under Negotiation Price and Terms of Payment
B.Property APN 430-251-23
Address/Description
Agency City of Tustin
City Negotiators Aldo E. Schindler, City Manager; Nicole Bernard,
Assistant City Manager; Brian Moncrief, Deputy City
Manager/Real Property; Ryan Swiontek, Deputy
Director/Real Property
Negotiating Parties Lincoln Property Company and Pacific Industrial
Under Negotiation Price and Terms of Payment
5.THREAT TO PUBLIC SERVICES OR FACILITIES \[Government Code § 54957(a)\]
(1 case)
Consultation with Tustin Police Department, Chief of Police
Recessed at 4:31 p.m.
City Council December 16, 2025
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND TUSTIN
HOUSING AUTHORITY AND SPECIAL MEETING OF THE CITY COUNCIL
6:00 P.M.
CALL TO ORDER – #3090 at 6:00 p.m.
INVOCATION – Major Ken Perine, Salvation Army Tustin Ranch Corps
PLEDGE OF ALLEGIANCE – Council Member Nielsen
PUBLIC INPUT – 1. Pete Beatty
PRESENTATION – Director of Parks and Recreation, Chad Clanton, provided a
PowerPoint presentation on the department’s 2026 branding.
CLOSED SESSION REPORT – City Attorney David E. Kendig: Council Member Nielsen,
out of an abundance of caution, recused himself from the Travelers Insurance November
21, 2025 demand letter in light of his financial interest in a potential dispute involving
Travelers policy that will come to court. Other than that, there was no reportable action.
CONSENT CALENDAR OF THE REGULAR MEETING ITEMS 1-11 AND CONSENT
CALENDAR OF THE SPECIAL MEETING ITEM 1
PUBLIC INPUT FOR CONSENT CALENDAR ITEMS –None
Council Member Fink requested to pull Item 8.
It was moved by Council Member Finkand seconded by Mayor Pro Tem Schnell to pull
Item 8 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
City Council December 16, 2025
Meeting Minutes Page 3 of 12
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.
SPECIAL MEETING ITEM 1
1.SURPLUS LAND ACT EXEMPTION FINDINGS FOR VACATION OF A PORTION
OF AUTO CENTER DRIVE
The Council is requested to adopt Resolution 25-77 to correct a typographic error in
an Assessors Parcel Number in Resolution 25-69. Resolution 25-77 sets forth the
required findings pursuant to the Surplus Land Act for the vacation of the 12-foot wide
strip of right-of-way around the perimeter of the Auto Center Drive cul-de-sac
adjacent to the Tustin Lexus and Tustin Cadillac properties, reducing the curb radius
to 40 feet. Pursuant to the Surplus Land Act, Resolution 25-77 would make the
necessary findings to declare the conveyed property as exempt surplus land.
Motion: The City Council took the following actions:
1. AdoptedResolution No. 25-77 declaring certain real property comprised of
portions of Auto Center Drive as exempt surplus land pursuant to California
Government Code section 54221(f)(1)(e) and the Final Updated Surplus Land Act
Guidelines section 103(c)(6), and superseding Resolution 25-69 attached as
Attachment 1; and
2. Authorized the City Manager to submit the appropriate documentation to the
California Department of Housing and Community Development in connection with
Resolution No. 25-77; and
3. Authorized the City Manager to take all actions and execute agreements
necessary or appropriate to complete the vacation and transfer.
Fiscal Impact: There was no fiscal impact associated with this item. The City
Council previously approved the vacation of the portion of Auto Center Drive for its
appraised market value.
RESOLUTION NO. 25-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY COMPRISED OF PORTIONS OF AUTO
CENTER DRIVE AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54221(f)(1)(E) AND THE FINAL UPDATED
SURPLUS LAND ACT GUIDELINES SECTION 103(c)(6) AND SUPERSEDING
RESOLUTION 25-69
City Council December 16, 2025
Meeting Minutes Page 4 of 12
2.APPROVAL OF MINUTES –THE SPECIAL CLOSED SESSION MEETING AND
THE REGULAR MEETING OF THE CITY COUNCIL HELD ON DECEMBER 2,
2025.
Motion: The City Council approved the Action Minutes of the City Council Special
Closed Session Meeting and Regular Meeting held on December 2, 2025.
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: The City Council approved Payroll in the amount of $1,162,054.04 and
Demands in the amount of $7,504,776.18.
4.SECOND READING AND ADOPTION OF ORDINANCE NO. 1573 -THE
DEVELOPMENT OF 145 RESIDENTIAL UNITS AT THE SOUTHEAST CORNER
OF 17TH STREET AND PROSPECT AVENUE (CYPRESS GROVE PROJECT)
Adoption of Ordinance No. 1573 approves Zone Change 2025-0001 to rezone the
Cypress Grove project site from Planned Community Business Park to Planned
Community Residential and adopt a new development plan to establish permitted
residential uses and development standards for the construction of 145 residential
condominiums on approximately 8.5 acres.
Motion: The City Council hadsecond reading by title only and adoption of Ordinance
No. 1573.
ORDINANCE NO. 1573
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA
APPROVING ZONE CHANGE 2025- 0001 TO AMEND THE CITY’S ZONING MAP
TO APPLY THE PLANNED COMMUNITY RESIDENTIAL ZONING DESIGNATION
TO AN 8.5-ACRE SITE (ASSESSOR PARCEL NUMBERS (APNS) 401-401-12, -13,
-14, -15, -16, AND -17) TO ACCOMMODATE THE CONSTRUCTION OF A 145-
UNIT RESIDENTIAL CONDOMINIUM PROJECT
Fiscal Impact:There was no fiscal impact associated with this item however, the
applicant has provided a Fiscal Impact Analysis that considered ongoing general fund
revenues to the City from property tax and sales tax, showing an estimated net
positive benefit of about $191,000 in the first year.
5.ADOPTION OF THE 2026 INVESTMENT POLICY
The City's Investment Policy is reviewed on an annual basis for submission and
approval by the City Council. On November 25, 2025, the Audit Commission
reviewed the proposed 2026 Investment Policy, in which staff recommend a minor
change to extend the maximum maturity of allowable commercial paper investments
City Council December 16, 2025
Meeting Minutes Page 5 of 12
from 270 days to 397 days, as allowed under Senate Bill 595. The Commission found
the policy to contain relevant provisions from the California Government Code, and
the one proposed change will add flexibility to invest idle cash while maintaining
safety and liquidity of assets. Therefore, the Audit Commission recommends that the
City Council adopt the 2026 Investment Policy with the proposed change.
Motion:The City Council adoptedthe City's 2026 Investment Policy with one change
related to the maximum maturity of allowable commercial paper investments.
Adoption of the Investment Policyalso delegates to the City Treasurer for a period of
one year the authority to invest the funds of the City in accordance with the
Investment Policy.
Fiscal Impact:Consistent with State Law, the City's primary investment objective is
to invest in a manner aimed to safeguard principal and maintain liquidity where the
secondary objective is to achieve a market rate of return. The 2026 Investment Policy
continues to provide for safety and liquidity of public funds while earning a reasonable
rate of return.
6.FISCAL YEAR 2024-2025 DEVELOPMENT IMPACT FEE REPORT
The attached report is prepared to comply with California Government Code Section
66006, which requires an annual disclosure and review of collected development
impact fees and expenditures within 180 days after the last day of the fiscal year.
Motion: The City Council receivedand filedthis report.
Fiscal Impact:There was no direct impact associated with this item.
7.RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED
LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR
At its meeting on November 10, 2023, the City Council ratified the Acting City
Manager’s Proclamation of Local Emergency related to the fire at the Navy’s North
Hangar and release of chemicals of public health concern, including asbestos. At a
special meeting of the City Council on January 9, 2024, and at its regular meetings
on March 5, 2024, April 16. 2024, June 4, 2024, June 18, 2024, July 16, 2024, August
20,2024, October 15, 2024, December 3, 2024, January 21, 2025, March 18, 2025,
May 6, 2025, June 17, 2025, August 5, 2025, September 16, 2025, and November
4, 2025, theCity Council reviewed and determined the need to continue the local
emergency. This item recommends that the City Council once again review and
determine that the need exists to continue the local emergency, as required by State
law.
Motion: The City Council adopted Resolution 25-75 determining the need exists to
continue the local emergency related to the fire and release of chemicals of public
health concern from the Navy’s North Hangar, in the form attached hereto as
Attachment 2.
City Council December 16, 2025
Meeting Minutes Page 6 of 12
RESOLUTION 25-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO
FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH
HANGAR.
Fiscal Impact:There was no direct impact from a determination that a local
emergency continues to exist.
8.2026 MAYORAL APPOINTMENTS TO COMMITTEES AND CITY COUNCIL AD
HOCS
Annually the Mayor appoints those members of the City Council who will serve on
various City and Regional committeesand Mayor-appointed Ad Hocs.
It was moved by Council Member Fink and seconded by Council Member Nielsen
that the City Council:
1.Approved the attached committees and appointments as appointed by the
Mayor; and
2.AdoptedFPPC Form 806: Agency Report of Public Official Appointments and
direct staff to post on the City’s website.
Roll Call Vote – City Clerk
Motion carried: 5-0
Fiscal Impact:There was no fiscal impact associated with this item.
9.HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR2024-2025
In accordance with Health & Safety Code Section 34176.1(f), the Tustin Housing
Authority, as the Housing Successor to the former Tustin Community Redevelopment
Agency, has prepared an annual report for filing with the Tustin Housing Authority
and the Tustin City Council.
Motion:
The Tustin Housing Authority Commissioners took the following actions:
1.Receivedand filedthe Housing Successor Annual Report for Fiscal Year
2024-2025 and transmit such report to the Tustin City Council.
The City Council take the following actions:
City Council December 16, 2025
Meeting Minutes Page 7 of 12
1.Receivedand filedthe Housing Successor’s Annual Report for Fiscal Year
2024-2025.
2.Directeda copy of the Housing Successor Annual Report be posted on the
City of Tustin’s website at www.tustinca.org.
Fiscal Impact:There wasno fiscal impact associated with this item.
10.DECLARATION OF SURPLUS COMPUTER EQUIPMENT
The City has accumulated a collection of obsolete and/or damaged equipment,
including but not limited to desktop and laptop computers, access points, servers,
network equipment, camera equipment, printers, scanners, tablets, and phone devices
that are nolonger functional or needed for public use.
Motion:
1.Declared the listed computer equipment as surplus and not required for public
use; and
2.Authorizedstaff to dispose of the equipment.
Fiscal Impact: The listed computer equipment has been determined to have zero
salvage value and will be disposed of by an electronic waste service provider. This
item has no direct fiscal impact.
11.2026 LOCAL APPOINTMENTS LIST
Prior to December 31st of each year, the Maddy Act requires municipal agencies to
prepareand post a listing of all Commission/Board vacancies for the upcoming year.
Motion: Approved the 2026 Local Appointments List for the Planning Commission,
Community Services Commission, Audit Commission, Building Board of Appeals and
Public Art Commission and post notice as required by law.
Fiscal Impact:There was no fiscal impact associated with this item.
REGULAR BUSINESS
12.AUTHORIZING THE TEMPORARY POST-RETIREMENT EMPLOYMENT OF
ROBERT HERNANDEZ
Adoption of the attached Resolution will authorize the City to employ Robert
Hernandez as a retired annuitant in the classification of Water Meter Reader sooner
than 180 days after his upcoming retirement, pursuant to Government Code sections
7522.56 and 21224.
Public Input - None
City Council December 16, 2025
Meeting Minutes Page 8 of 12
It was moved by Mayor Pro Tem Schnell and seconded by Council Member Nielsen
to adopt Resolution No. 25-76 authorizing the City to employ Robert Hernandez as
a retired annuitant to fill the critically needed extra help assignment of training the
next employee hired into the classification of Water Meter Reader.
Roll Call Vote – City Clerk
Motion carried: 5-0
RESOLUTION NO. 25-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF ROBERT
HERNANDEZ SOONER THAN 180 DAYS AFTER RETIREMENT
Fiscal Impact: Authorization of this appointment will result in an estimated cost of
$14,000 over the next few months. Staff is not requesting any supplemental budget
appropriations associated with this action at this time; any supplemental
appropriations will be incorporated with the mid-year budget review, which will be
presented to the City Council in February 2026.
OTHER BUSINESS/CITY MANAGER AND CITY ATTORNEY
City Manager Aldo E. Schindler
Announced the Public Works Department, led by the City’s Engineering Division, was
awarded $21 million in Surface Transportation Block Grant/Congestion Mitigation and Air
Quality Improvement Programs funding from the Southern California Association of
Governments; the City received the maximum amount of $7 million per project and received
funding for three projects, the maximum number of projects that the Orange County
Transportation Authority could recommend to the Southern California Association of
Governments for a single agency; reported that this award was the highest for a single
agency in Orange County for this funding cycle; the grant investment will aid in funding the
following projects: the Red Hill Avenue Rehabilitation Project (from Sycamore Avenue to
Bryan Avenue), the Jamboree Road Rehabilitation Project (from I-5 to Portola Parkway),
and the Tustin Ranch Road Pedestrian Bridge.
Answered a follow-up question from Council Member Fink regarding the grant award and
clarified that each project has been allotted $7 million in grant funding from the award; added
that the City will collapse funds into the three projects and will leverage additional funds
from the Capital Improvement Project Fund and General Fund to complete work as projects
progress.
Wished City Council a Merry Christmas.
City Attorney David E. Kendig
City Council December 16, 2025
Meeting Minutes Page 9 of 12
No report.
MAYOR, MAYOR PRO TEM AND COUNCIL MEMBER COMMENTS AND REPORTS
Councilmember Fink
Thanked all city staff involved in the Red Hill Rehabilitation Project for their work, especially
in the leveling and clearing of the vacant, former Del Taco building located on Red Hill
Avenue; appreciates that the construction has been cleared for the benefit of the City.
December 4
Attended the City’s Employee Appreciation event and thanked the Human Resources team
for organizing the event, especially Director of Human Resources Derick Yasuda; many city
employees attended; spoke with various city staff, thanking them for their service this year;
extended thanks to all staff he was unable to meet for their service to the City.
December 5
Attended the City of Tustin’s Annual Christmas Tree Lighting and Holiday Stroll with Council
Member Nielsen; enjoyed the event.
December 10
nd
Attended the 42 Annual Manufactured Housing Education Trust (MHET) Orange County
Holiday Luncheon for elected officials; learned more about manufactured housing;
announced he won a $500 award at the annual drawing from the MHET, which will be
donated to The Arvida Book Company Foundation to aid with funding their Little Free Library
installation project.
December 11
Attended the Waste Management Commission meeting; shared that the household
hazardous waste location off of Sand Canyon Drive in Irvine, scheduled for closure earlier
this year, will remain open for an additional year; recommended that community members
take hazardous waste to this location to be disposed of and that the center will be searching
for a permanent site; announced he was elected Vice Chair for the Waste Management
Commission for the coming year.
December 14
Attended the annual Menorah Lighting with Mayor Lumbard and Mayor Pro Tem Schnell;
enjoyed the event and especially thanked Sergeant Royce Del Merari and the Tustin Police
Department for leading the patrol unit, especially in light of the events which occurred in
Australia the morning of December 14; thankful to the Tustin Police Department for ensuring
safety and easing potential community concerns following the incident.
Wished all in attendance a Happy Holidays and thanked everyone for their work this year.
Council Member Nielsen
December 4
City Council December 16, 2025
Meeting Minutes Page 10 of 12
Attended the City’s Employee Appreciation event and was grateful to see all staff in
attendance enjoying bowling; thanked Director of Human Resources Derick Yasuda
for organizing the event.
Attended Senator Steven Choi’s Holiday Open House in the evening; was grateful to
see Senator Choi and enjoyed the Korean cuisine offered at the event; had a great
time.
December 5
Attended one of his favorite events, the City of Tustin’s Annual Christmas Tree Lighting and
Holiday Stroll; especially enjoyed the snow and sledding activities offered; congratulated
Director of Parks and Recreation Chad Clanton on a wonderful job organizing the event;
appreciated taking part in the tree lighting countdown and seeing Santa greet all attendees,
especially the children.
Thanked all staff for their kindness during his first year back as a councilmember; mentioned
staff do an excellent job and put in extra effort to make Tustin the best community in Orange
County.
Wished all in attendance a Happy Holidays and a Merry Christmas.
Council Member Gallagher
Recalled Major Ken Perine’s comment during the meeting’s Invocation regarding the work
of staff; shared his gratitude for the wonderful work city staff have done in 2025 as the year
comes to a close; observes that, after serving as a councilmember for five years, there is a
strong camaraderie and energy among city staff and Council; grateful for what the City has
accomplished in 2025 and is excited to see what will be accomplished in 2026; commented
that staff and Council have moved mountains this year and observes an incredible
alignment within the City; thanked all for their hard work and looks forward to celebrating
the new year.
Mayor Pro Tem Schnell
Shared that the holidays are a time for reflection and gratitude; thanked residents for
allowing himself and the City Council to be in the position to make decisions on behalf of
the City that will have a positive impact for generations; enjoys serving the people of Tustin
and enjoys serving as a councilmember; thanked all city staff for helping the City to progress
forward so well in 2025 and for rising to all challenges set forth; declared that residents will
be the beneficiaries of the work completed by city staff and Council for many years to come.
Reflected on the progress made as a city in 2025; commented that the City currently has a
better supply of housing at this time than ever before; mentioned Director of Public Works
Mike Grisso and Director of Parks and Recreation Chad Clanton worked to renovate,
rebuild, and refine city parks this year to keep the spaces safe and beautiful; recalled how
the Parks and Recreation Department’s ‘department of fun’ united the community with
events such as the Tustin Street Fair and Chili Cookoff, Concerts in the Park, Sunset
Market, Tustin Tiller Days, and the Annual Christmas Tree Lighting and Holiday Stroll;
City Council December 16, 2025
Meeting Minutes Page 11 of 12
mentioned that Director of Parks and Recreation Chad Clanton and the Parks and
Recreation Department bring us together to celebrate what makes Tustin special; added
that Tustin supports businesses with a customer-oriented focus and thanked City Manager
Aldo E. Schindler and the Economic Development staff for going out of their way to ensure
businesses are supported and thriving; added that, this year, Tustin has helped residents
in need through providing shelters, meals, Senior Center programs and resources for older
adults, have awarded grant funding, and have enhanced public safety; announced that the
Tustin Police Department welcomed a new Police Chief, Sean Thuilliez, whose work has
noticeably benefited the Department, and has added new technology and new officers to
keep residents safe; is excited for what 2026 will bring to residents and wished everyone a
Merry Christmas and a Happy Hanukkah; thanked all in attendance for the work completed
over the last 12 months.
Mayor Lumbard
Announced that resident and Building Board of Appeals Member Scoba Rhodes was
nd
recently appointed by 2 District Supervisor Vincente Sarmiento to the Orange County
Veterans Advisory Council; congratulated Scoba on appointment; added that there is a large
military and veteran community in Tustin and that Scoba will represent the City well.
Thanked Tustin Police Department for Santa’s Sleigh; recognized that the sleigh has been
a longstanding program in the City; heard from a number of residents that this year was
their first time seeing Santa and enjoyed the sleigh in their neighborhoods; residents were
grateful and surprised to see the sleigh; reported that the sleigh is reaching new residents
each year and thanked city staff for continuing the program.
December 14
Attended the annual Menorah Lighting; shared that residents were impressed to learn of
the City’s recognition and celebration of Hanukkah; thanked city staff for the programming,
activities, and hard work they provide for residents.
Thanked Orange County Fire Authority’s Chief Morganstern for responding to all calls,
especially chimney fires, and for keeping residents safe.
Adjourned the meeting and wished all in attendance a Merry Christmas.
ADJOURNED at 6:30 p.m.The next meeting is scheduled on Tuesday, January 6, 2026, for
the Closed Session Meeting at 4:30 p.m. and the Regular Business Meeting at 6:00 p.m.
City Council December 16, 2025
Meeting Minutes Page 12 of 12