HomeMy WebLinkAbout Agenda_2022-10-04City Council and Special Closed Session
Meeting Agenda
October 4, 2022
SPECIAL CLOSED SESSION MEETING - 4:00 PM
REGULAR OPEN MEETING - 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
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Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember —Ward 1
Jessie Lopez
Councilmember - Ward 3
Johnathan Ryan Hernandez
Councilmember - Ward 5
Nelida Mendoza
Councilmember - Ward 2
Phil Bacerra
Mayor Pro Tem - Ward 4
David Penaloza
Councilmember - Ward 6
Mayor and Council telephone: 714-647-6900
Agenda item inquiries: 714-647-6520
Sonia R. Carvalho Kristine Ridge
City Attorney City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
ontact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable
Itche City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
documentation can be found on the City's website — www.santa-ana.org/city-meetings.
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CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
and inclusive process designed to set the City and organization on a course that meets the
challenges of today and tomorrow, as follows:
Vision - The dynamic center of Orange County which is acclaimed for our: Investment in
youth • Safe and healthy community • Neighborhood pride • Thriving economic climate -
Enriched and diverse culture • Quality government services
Mission - To deliver efficient public services in partnership with our community which ensures
public safety, a prosperous economic environment, opportunities for our youth, and a high
quality of life for residents.
Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility -
Innovation • Transparency
Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008,
voters approved an amendment to the City Charter which established the Code of Ethics and
Conduct for elected officials and members of appointed boards, commissions, and
committees to assure public confidence. The following are the core values expressed: -
Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
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Members of the public may attend the City Council meeting in -person or join via Zoom. The
City Council meeting will occur live via teleconference Zoom webinar. You may view the
meeting from your computer, tablet or smart phone via YouTube LiveStream at
www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.
PUBLIC COMMENTS — Members of the public who wish to address the City Council on
closed session items, items on the regular agenda or on matters which are not on the
agenda, but are within the subject matter jurisdiction of the City Council may do so by one of
the following ways:
• MAILING OPTION written communications — Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA
92701. All written communications received via mail by 4:00 p.m. on the day of the
meeting will be distributed to the City Council and imaged into the City's document
archive system which is available for public review.
• SENDING E-MAIL OPTION — Public comments may be sent via email to the City
Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are
commenting on in the subject line of the email. All emails received before 3:00 p.m. on
the day of the meeting will be distributed to the City Council and imaged into the City's
document archive system which is available for public review.
• LIVE VIRTUAL OPTION — Members of the public may provide live comments during
the meeting by Zoom or Conference Call. To join by Zoom click on or type the following
address into your web browser https://us02web.zoom.us/j/315965149. To join the
Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will
be prompted by the City Clerk when it is time for a: i) closed session item, ii)
general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing
Authority item. You may request to speak by dialing *9 from your phone or you may
virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
caller's phone number or Zoom ID and unmutes them, the caller must press *6 or
microphone icon to speak. Callers are encouraged, but not required, to identify
themselves by name. Each caller will be provided three (3) minutes to speak, unless
due to the number of speakers wanting to speak a decision is made to provide a
different amount of time to speak.
• IN -PERSON OPTION - Members of the public can provide in -person comments at the
podium in the Council Chamber. The Council Chamber will have seating available for
members of the public to attend the meeting in -person. Face coverings are required for
members of the public who enter City buildings. Public comments are limited to three
(3) minutes per speaker, unless a different time is announced by the presiding chair.
Speakers who wish to address the Council must do so by submitting a "Request to
Speak" card by 4:00 p.m. for Special Closed Session items and by 6:00 p.m. for all
other designated public comment periods as listed below. Cards will not be
accepted after the Public Comment Session begins without the permission of the
presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live
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comments on special closed session items by joining Zoom or the Conference Call as
described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker
queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY
4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to
speak.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA
ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or
the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS
OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE
CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by
6.00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball <!I>) or download a pdf (the cloud symbol with the down arrow ).
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SPECIAL CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tern
Mayor
City Manager
City Attorney
Clerk of the Council
ROLL CALL
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
IIITmy f aaiMI
Phil Bacerra
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
PUBLIC COMMENTS — Members of the public may address the City Council on Special
Closed Session items.
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 -EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No. 30-
2019-01055281
B. Aaron Giron v. City of Santa Ana, Orange County Superior Court, Case No. 30-
2021-01197646
2. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL INITIATION OF LITIGATION
pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government
Code: (one case — Taco Bravo)
3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6(a):
Agency Negotiators: Human Resources Executive Director, Jason Motsick
Employee Organizations:
• Santa Ana Police Officers Association (POA)
• Santa Ana Police Management Association (PMA)
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• Service Employees' International Union (SEIU) Full -Time Employees
• Service Employees' International Union (SEIU) Part -Time Non -Civil Service
Employees
• Confidential Association of Santa Ana (CASA)
• Santa Ana Management Association (SAMA)
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code
Section 54957
Title: City Attorney and City Manager
5. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code
54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council
CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE — City Council will reconvene to continue regular City business.
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CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Heidi Lucero
CEREMONIAL PRESENTATIONS
Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Breast
Cancer Awareness Month.
2. Certificates of Recognition presented by Councilmember Lopez and Mayor Sarmiento
to the Garden Grove Unified School District Board of Education for Outstanding
Contributions to Exemplary Academic Achievements.
3. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga
for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Penaloza to Fabian Flores for
Outstanding Contributions to the Community.
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
I CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 23.
5. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6. Minutes from the Special City Council Meeting of July 29, 2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.
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7. Receive and File the Certification of Approval by City Engineer of the Final Parcel Map
2018-188 (666 East Dyer Road) (Applicant: Shea Properties; Owner: Dyer Business
Park, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file the certification of approval by City Engineer
of the final Parcel Map 2018-188.
8. Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the
Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost
of $881,531 (Project No. 21-2744) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to GB Cooke, Inc., a
responsive bidder, in accordance with the base bid in the amount of $721,531, for
construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 2022
and ending upon project completion, and authorize the City Manager to execute the
contract subject to non -substantive changes approved by the City Manager and the City
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$881,531, which includes $721,531 for the construction contract, $80,000 for contract
administration, inspection and testing, and $80,000 project contingency for
unanticipated or unforeseen work.
3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to
include the Santa Ana Zoo Goat Trail project.
9. Approve the Third Amendment to the Construction Contract with CJ Concrete
Construction, Inc., to Increase the Contract Amount by $1,000,000 to Perform
Additional Concrete Repairs through the End of Project Completion (Project No.22-
6970) (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to approve the third
amendment to the construction contract with CJ Concrete Construction, Inc., by an
increase of $1,000,000, to perform additional concrete improvements through the end
of project completion, for a new estimated project delivery cost of $4,700,000.
2. Approve the revised Project Cost Analysis increasing construction administration,
inspection, and testing by $50,000 and the project contingencies by $950,000, for a
new estimated project delivery cost of $4,700,000.
10. Award a Blanket Order Contract to Aqua -Metric Sales Company for Water Meters
and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification
No. 22-131) (Non -General Fund)
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Department(s): Public Works Agency
Recommended Action: Award a blanket order contract to Aqua -Metric Sales
Company for water meters and supplies for an annual amount not to exceed
$500,000, for a one-year term beginning October 4, 2022 and expiring October 3,
2023, with four one-year renewal options, subject to non -substantive changes
approved by the City Manager and the City Attorney.
11. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of
$3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related
Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 &
22-2769) (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a one-time purchase order to Musco Sports
Lighting, LLC for the purchase of LED sports lighting, including light -structure systems,
light controls, removal and disposal of existing equipment, and installation services,
for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the
amount of $3,042,449, plus a contingency of $384,751, for a total amount not to
exceed $3,427,200, subject to non -substantive changes approved by the City
Manager and the City Attorney.
2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received
from prior years into the Residential Development District 3, Park Acquisition &
Development Fees revenue account and appropriate the same amount into the
Residential Development District 3, Building improvements expenditure account
(Requires five affirmative votes)
12. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of
$1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for
the Police Department (Specification No. 22-127) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a one-time purchase and payment of purchase
order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility
SUVs, of which includes three K-9 build with rear air option, in the amount of
$1,029,983, plus a contingency of $20,000, for a total amount not to exceed
$1,049,983, subject to non -substantive changes approved by the City Manager and
the City Attorney.
2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund
balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue
account and appropriate the same amount into the Equipment Replacement Fund,
Machinery and Equipment expenditure account for this item and anticipated FY22-23
replacement vehicle expenditures. (Requires five affirmative votes)
13. Appropriation Adjustment and Agreement Accepting $580,000 from the State Office
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of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund)
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute an agreement with
the State of California - Office of Traffic Safety for the Selective Traffic Enforcement
Program, for a one-year period beginning October 1, 2022 through September 30,
2023, in an amount not to exceed $580,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2022-XXX).
2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic
Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective
Traffic Enforcement Program expenditure account. (Requires five affirmative votes)
14. Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and
Susan Saxe -Clifford, Ph.D. for Law Enforcement Psychological Services (General
Fund)
Department(s): Police Department
Recommended Action: 1. Authorize the City Manager to execute an agreement with
The Counseling Team International for law enforcement psychological services, in an
amount not to exceed $78,000, for a three-year period beginning October 4, 2022
through September 30, 2025, with an option for two, one-year extensions, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law
enforcement psychological services, in an amount not to exceed $30,000 for a three-
year period beginning October 4, 2022 through September 30, 2025, with an option
for two, one-year extensions, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2022-XXX).
3. Authorize the City Manager to execute an agreement with Susan Saxe -Clifford,
Ph.D. for law enforcement psychological services, in an amount not to exceed
$12,000, for a three-year period beginning October 4, 2022 through September 30,
2025, with an option for two, one-year extensions, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2022-XXX).
15. Agreement Amendment with Al Party Rental for Event Equipment Rental Services at
City Events to Increase the Annual Amount by $64,000 per Year through March 31,
2025, for a total Increase of $192,000 and New Agreement Total of $450,000
(General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement
amendment with Al Party Rental for event equipment rental services at City events to
increase the annual amount by $64,000 per year through March 31, 2025, for a total
increase of $192,000 and new agreement total of $450,000, subject to non -
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substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-XXX).
16. Approve an Agreement with IDS Group for Architectural and Engineering Services for
Public Health Plaza and Wellness Programming in an Amount Not to Exceed
$370,077 for a Three -Year Term (Non -General Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
IDS Group for architectural and engineering services for Santa Ana's Public Health
Plaza and Wellness Programming project in the amount of $336,433, with a
contingency of $33,644 for a total amount of $370,077, for a three-year term
beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one-
year extensions, subject non -substantive changes approved by the City Manager and
the City Attorney (Agreement No. 2022-XXX).
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program
to include $4,000,000 for the Public Health Plaza and Wellness Programming project.
17. Grant an Easement to Southern California Edison to Allow Underground Power to
Serve 2202 Magnolia Avenue
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an Easement Deed
granting Southern California Edison (SCE) the right to place, own, and maintain
power conduits and conductors underground to serve 2202 South Magnolia Avenue,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2022-XXX).
18. Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future
Water Resources Well Facility (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase and
sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie
Marquez for the purchase of real property located at 206 S. Flower Street (APN 008-
213-31), in the amount of $775,000, plus normal closing costs and escrow fees and
relocation expenses, for a total amount not to exceed $1,050,000, subject to non -
substantive changes approved by the City Manager and the City Attorney (Agreement
No. 2022-XXX).
2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program
to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475).
19. Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline
and Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through
January 31, 2023 (Non -General Fund)
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Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the first amendment
to the gasoline and diesel purchase agreement with TACenergy, by an increase of
$600,000 and extend agreement services through January 31, 2023, subject to non -
substantive changes approved by the City Manager and City Attorney (Agreement No.
2022-XXX).
20. Approve an Agreement with the County of Orange for Exchange of Real Property and
Adopt a Resolution Declaring City Property as Exempt Surplus Land
Department(s): Public Works Agency
Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution declaring
City -owned property as exempt surplus land pursuant to California Government Code
§ 54220 et seq. for the purpose of a real property exchange with the County of
Orange.
2. Authorize the City Manager to execute an Exchange of Real Property agreement
between the City of Santa Ana and the County of Orange, a political subdivision of the
State of California, for proposed property exchange of the Civic Center Plaza of the
Flags area and the Civic Center Library Parking Structure subject to non -substantive
changes approved by the City Manager and the City Attorney (Agreement No. 2022-
XXX).
21. Teleconferencing for Meetings of City Council and All Boards, Committees, and
Commissions Pursuant to the Provisions of Assembly Bill 361
Department(s): Clerk of the Council Office
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider
continuing the use of teleconferencing for City Council, board, committee, and
commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30
days.
22. Ordinance Amendment No. 2022-01 — Commercial Cannabis Amendments Second
Reading
Legal notice published in the Orange County Reporter on September 23, 2022.
Department(s): Finance and Management Services, Planning and Building Agency
Recommended Action: 1. Ordinance NS-XXXX — Place on second reading and
adopt Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the
Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption
Lounges and Temporary Events, Retail Facility Relocation, Commercial Cannabis
Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis
Retail, Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing
Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make
Other Administrative Amendments of a Complimentary Nature.
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2. Resolution No. 2022-XXX — Adopt a resolution modifying various commercial
cannabis retail and non -retail tax rates.
3. Resolution No. 2022-XXX — Adopt a resolution modifying the medicinal cannabis
retail tax rate.
4. Resolution No. 2022-XXX — Adopt a resolution establishing a map of commercial
cannabis eligible areas in the City, the number of annual temporary consumption
events, and the community benefit, sustainable business practices, and social equity
plan template.
23. Adopt a Resolution Establishing a Sister City Relationship with Sahuayo, Michocan,
Mexico
Department(s): City Manager Office
Recommended Action: Resolution No. 2022-XXX — Adopt a resolution proclaiming
the establishment of an educational, cultural, and business affiliation with the City of
Sahuayo of the state of Michoacan of the United Mexican States.
**END OF CONSENT CALENDAR**
I BUSINESS CALENDAR
24. Appoint Member to the Orange County Mosquito and Vector Control District's Board
of Trustees
Department(s): Clerk of the Council Office
Recommended Action: Select a member to the Orange County Mosquito and
Vector Control District's Board of Trustees and appoint for the current term expiring in
January 1, 2024.
25. Adoption of Ordinance amending the Rent Stabilization and Just Cause Eviction
Ordinances
Department(s): Community Development Agency
Recommended Action: Approve first reading of the Ordinance amending the Rent
Stabilization and Just Cause Eviction Ordinances.
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
26. Discuss and Provide Direction to the City Manager and City Attorney to Report to the
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City Council What is Necessary to Adopt a Policy to Move all Santa Ana Police
Officers Association Contract Negotiations into a Public Forum —
Councilmember Lopez
27. Discuss and Consider Directing the City Manager to Direct Staff to Refrain from
Using any City Resources and/or Messaging Capabilities to Promote, Advertise, or
Mention Any Elected Official within 90 Days of an Election — Councilmember
Penaloza
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT — Adjourn the City Council meeting.
Future Items
1. Police Oversight Commission
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