SR 03-27-2018 3C
City Council
Report
City Council Meeting: March 27, 2018
Agenda Item: 3.C
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To: Mayor and City Council
From: Susan Cline, Director, Public Works, Architecture Services
Subject: Reject All Bids for the City Yards Ecodistrict Project
Recommended Action
Staff recommends that the City Council:
1. Reject all bids for Request for Proposals (RFP) #SP2396 for establishing an
Ecodistrict and communication and outreach services for the City Yards
Modernization Project.
2. Direct staff to reissue a bid in order to obtain the best bidder for communication
and outreach services for the City Yards Modernization Project.
Executive Summary
Communication and outreach services are required for the City Yards Modernization
Project. The bid solicitation posted on September 11, 2017 included, in addition to
communication and outreach services, the requirement to establish an ecodistrict.
However, during evaluation of bids received, two conditions caused staff to reevaluate
the need to pursue a certified ecodistrict project: 1) the five bids received far exceeded
the available budget; and 2) the Council’s prioritization of the Pico Neighborhood Plan
underscored the need to coordinate and unify outreach efforts between departments.
Staff recommends rejecting all bids and re-advertising a revised bid without the
requirement to establish an ecodistrict. Section 2.24.100(a) of the Municipal Code
requires Council approval to reject all bids and re-advertise.
Background
On July 12, 2016, Council authorized the City Manager to negotiate a Guaranteed
Maximum Price (GMP) with design-build contractor Hathaway Dinwiddie Construction
Company (HDCC) for design services of Phasing Package A for the City Yards
Modernization Project (Attachment A). Council also authorized the City Manager to
register the City Yards as an ecodistrict with EcoDistricts Protocol.
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In October 2016, the City registered the City Yards as an ecodistrict with EcoDistricts
Protocol. Registration did not bind the City to complete an ecodistrict.
On January 9, 2018, Council set upcoming priorities for the City Planning Division
including the direction to staff to create a broad outreach strategy for the Pico
Neighborhood Plan that would address community concerns, including issues related to
protecting quality of life and reducing impact from adverse uses such as the freeway,
City Yards operations and former landfill, and the Expo Maintenance Facility. Council
also directed staff to involve all groups in the Pico Neighborhood (Attachment B).
Discussion
On September 11, 2017, the City published RFP #2396 to provide 1) communication
and outreach services for the City Yards Modernization Project, and 2) to establish an
Ecodistrict in the Pico Neighborhood in accordance with City specifications. The bid was
posted on the City’s on-line bidding site, and notices were advertised in the Santa
Monica Daily Press in accordance with City Charter and Municipal Code provisions. A
total of 87 vendors downloaded the bid, and five bids were received on October 18,
2017. All submissions received exceeded the $250,000 budgeted funding available for
these services.
Vendor Bid
Blue Point Planning $632,015
Ecomotion $598,045
Evolve $1,603,936
Global Green USA $702,482
Stok $789,120
Additionally, following issuance of the RFP, staff determined proceeding simultaneously
with both the City Yards Ecodistrict and the Pico Neighborhood Plan would be
duplicative in that the scope for both projects rely on similar outcomes, engagement
strategies and neighborhood participation. To this end, Council identified the Pico
Neighborhood Plan as a priority Planning project at its January 9, 2018 meeting.
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Despite staff’s recommendation to eliminate EcoDistricts Certification from City Yards
Modernization project goals, the Project would still seek Envision Certification. Similar to
LEED Certification, which uses a green building rating system to assess a building
project, Envision is a green infrastructure rating system best applicable to a project like
the City Yards which spans an entire campus area.
Municipal Code Section 2.24.100(a) requires Council approval to reject all bids and re-
advertise. Therefore, staff recommends that Council reject the five bids received for
establishing an Ecodistrict in the Pico Neighborhood and direct staff to refine and re-
advertise the bid for project communication and outreach services, without the
requirement to establish an ecodistrict.
Outreach and communication services are still required for the City Yards Modernization
Project. The City Yards Modernization Project would re-bid to focus exclusively on the
project’s outreach and communication strategy and also include scope to coordinate
with the Pico Neighborhood Planning team on outreach activities, messaging and
communications.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Erin Hamant, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Staff Report - July 12, 2016 (Weblink)
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B. January 9, 2018 City Council Public Minutes
1 January 9, 2018
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 9, 2018
A regular meeting of the Santa Monica City Council was called to order by Mayor Winterer at 5:35 p.m., on
Tuesday, January 9, 2018, at City Council Chambers, 1685 Main Street.
Roll Call: Present: Mayor Ted Winterer
Mayor Pro Tem Gleam Davis
Councilmember Sue Himmelrich
Councilmember Kevin McKeown
Councilmember Terry O’Day
Councilmember Tony Vazquez
Absent: Councilmember Pam O’Connor
Also Present: City Manager Rick Cole
City Attorney Lane Dilg
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:35 p.m., with all
members present except Councilmember O’Connor. Deputy City Attorney
Yibin Shen led the assemblage in the Pledge of Allegiance.
AGENDA PLANNING The Mayor announced that staff requested Item 7-A be pulled from the
agenda, due to legal reasons.
Motion by Mayor Pro Tem Davis, seconded by Councilmember Vazquez,
to remove Item 7-A from the agenda. The motion was approved by voice
vote, with Councilmember O’Connor absent.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:38 p.m., to consider
closed sessions and returned at 7:05 p.m., with Councilmember O’Connor
absent, to report the following:
1.A. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya
v. City of Santa Monica, Los Angeles Superior Court, Case No. BC
616804
2 January 9, 2018
The City Attorney advised this matter was heard with no reportable action
taken.
1.B. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Atwood v. City of Santa Monica et al, United
States District Court, Central District of California, Western Division,
Case Number 2:16-cv-04114-PA-AGR
The City Attorney advised this matter was an alleged violation of the
Americans with Disabilities Act and California Civil Rights laws, in
relation to access to and on the Santa Monica Pier. The City denies the
claims, but cease to ensure accessibility of the Pier. Following mediation,
the City Attorney’s Office recommends a settlement with the following
terms: the City will construct and install a portable ramp and wheelchair
accessible chariot on the Carousel; the City will replace deteriorated
wooden planks on the Pier to create a path of travel; the City will make
additional minor improvements to increase accessibility on the Pier, such as
adding signage and installing certain guardrails, and the City will pay
settlement fees in costs in the amount of $108,272.
Motion by Councilmember Himmelrich, seconded by Councilmember
O’Day, to approve Settlement Agreement No. 10606 (CCS), in the amount
of $108,272, including terms. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
1.C. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Homeaway.com, Inc., and AirBNB, Inc. v. City
of Santa Monica, United States District Court, Central District of
California, Case Nos. 2:16-cv-6641-ODW-AFM, 2:16-cv-6645-ODW-
AFM
The City Attorney advised this matter was heard with no reportable action
taken.
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Cardier v. City of Santa Monica, Los Angeles
Superior Court, Case No. BC 578 779
3 January 9, 2018
The City Attorney advised this matter was heard with no reportable action
taken.
1.E. Conference with Legal Counsel – Anticipated Litigation –
Request to enter into a lawsuit as an amicus curiae, pursuant to §
54956.9 – Janus v. American Federation of State, County, and
Municipal Employees, Council 31, et al., United States Supreme Court,
Case No. 16-1466
The City Attorney advised this matter was a request to sign an amicus brief
in support of the American Federation of State, County, and Municipal
Employees, Council 31 position, regarding if the First Amendment
prohibits government agencies from charging employees fair share fees,
which cover collective bargaining costs, but not union, political, or
organizing activities.
Motion by Councilmember Himmelrich, seconded by Mayor Pro Tem
Davis, to approve the city joining the amicus brief. The motion was
approved by the following vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
SPECIAL AGENDA
ITEMS:
2.A. Proclamation: 2018 Homeless Count Week, was presented by the
Mayor.
2.B. Recognition of Santa Monica Fire Fighters' Fortitude,
Dedication, and Valor in Fighting the Skirball, Creek, and Thomas
Fires, was presented by the Mayor.
REPORT ON COUNCIL
TRAVEL
Councilmember Vazquez reported that he traveled to Sacramento to attend
the 51st Annual Sacramento Legislative Tour, hosted jointly by Contract
and Independent Cities. During his visit at the capitol, they met with
members of the Senate to advocate for special things for cities across the
state. The main threads included, affordable housing, local control,
homeless issues statewide, water rights and water conservation.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of the Mayor, and with consensus of the Council, the
Council Consent Calendar and the Redevelopment Agency Consent
Calendar were combined into a joint meeting at 7:24 p.m., with
Agency/Councilmember O’Connor absent.
4 January 9, 2018
REPORT ON MEETING
COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that
Council will receive no compensation for meeting as the Redevelopment
Successor Agency.
Member of the public Denise Barton commented on various Consent
Calendar items.
Motion by Agency/Councilmember McKeown , seconded by
Agency/Councilmember Vazquez, to approve the Consent Calendar,
reading resolutions by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES: Agency/Councilmembers McKeown, Vazquez, Himmelrich,
O’Day, Chair/Mayor Pro Tem Davis, Chair/Mayor Winterer
NOES: None
ABSENT: Agency/Councilmember O’Connor
MINUTES 3.A. Minutes for the City Council - Regular and Special Joint
Meeting - Nov 28, 2017, were approved.
BEACHES 3.B. Authorization for final payment to the City of Los Angeles for
the Cost-sharing Monitoring Plan Memorandum of Agreement for the
Santa Monica Bay Beaches Bacterial Total Maximum Daily Load, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to approve the cost-share payment in
the amount of $75,485.30, including $66,888.62 for Fiscal Year
2016-17 and exceedances of $8,596.68 for Fiscal Year 2015-16, to
the City of Los Angeles to comply with the cost-share monitoring
plan with the Los Angeles Regional Water Quality Control Board’s
Bacterial Total Maximum Daily Load requirements for the Santa
Monica Bay Beaches.
2. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
LABOR RELATIONS 3.C. Adoption of Resolution No. 11094 (CCS) Authorizing the City
Manager to execute Memorandum of Understanding with The
International Association of Sheet, Metal, Air, Rail, and
Transportation Workers - Transportation Division, Local 1785, was
approved and adopted.
Recommended Action
Staff recommends that the City Council:
5 January 9, 2018
1. Adopt attached Resolution No. 11094 (CCS) entitled, “A
Resolution Authorizing the City Manager to enter into a
Memorandum of Understanding (MOU) Between the City of Santa
Monica and the International Association of Sheet, Metal, Air, Rail,
And Transportation Workers – Transportation Division, Local
1785.”
2. Approve the attached revised salary schedule effective as a result of
the agreement reached for the classifications represented by
SMART-TD.
TRANSIT FUNDS 3.D. Adoption of Big Blue Bus Resolution for Transit Funds, was
approved and adopted .
Recommended Action
Staff recommends that the City Council:
1. Adopt Resolution No. 11095 (CCS) entitled, “A Resolution of the
City Council of the City of Santa Monica to authorize the City
Manager to File the FY 2017/2018 through FY 2019/2020
Transportation Development Act and State Transit Assistance
Claim; to Submit Grant Applications and to Negotiate and Execute
Grant Agreements and Other Transit Agreements in Furtherance of
the Short Range Transit Plan tor FY 2017/2018 through
2019/2020,” authorizing the City Manager to:
a. Apply for and execute grant agreements and execute related
certifications and assurances with the Federal Transit
Administration (FTA), L.A. Metro, or other federal, state,
regional or local agencies;
b. Enter into agreements for transit funds for the pass-through of
funds and agreements for planning, programming, and
implementing transit services and capital projects during Fiscal
Year (FY) 2017-18 through FY 2019-20; and,
c. Enter into agreements for transit program revenue with
institutions, local agencies, and businesses for funds generated
during FY2017-18 through FY 2019-20.
2. Adopt Resolution No, 11096 (CCS) entitled, “A Resolution of the
City Council of the City of Santa Monica Authorizing the City
Manager to Apply tor Funding Under the California State of Good
Repair Program and to Negotiate and to Enter into Agreements and
Documents for Funds, and to Issue Certifications and Assurances
Related Thereto.”
3. Adopt the Big Blue Bus Title VI Program.
MERCHANT SERVICES 3.E. Contract Modification for IPS Group, Inc., was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
6 January 9, 2018
negotiate and execute a fourth modification to agreement #9496 (CCS) in
an estimated amount of $4,050,000 with IPS Group, Inc., a California-
based company, to add merchant processing services for parking meter
transactions for the Finance Department. The ten-year term of the contract
will remain unchanged. This will result in an amended agreement with a
new total estimated amount of $21,594,169, with future year funding
contingent on Council budget approval.
AMBULANCE SERVICES 3.F. Award RFP# 144 for Emergency Medical Patient Transport
and Billing Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP#144 to Westmed Ambulance INC. DBA McCormick
Ambulance, a Colorado based company, to provide emergency
ambulance and billing services for the Fire Department;
2. Authorize the City Manager to negotiate and execute cost recovery
Agreement No. 10605 (CCS) with McCormick Ambulance, for
three years, with two additional one-year renewal options, on the
same terms and conditions over a five-year period.
MINUTES 3.G. Minutes for the Redevelopment Successor Agency for the June
27 and October 24, 2017 meetings, were approved.
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the
minutes for the June 27 and October 24, 2017 meetings.
REDEVELOPMENT
SUCCESSOR AGENCY
3.H. Adoption of the 2018-19 Annual Recognized Obligation
Payment Schedule, was adopted.
Recommended Action
Staff recommends that the Redevelopment Successor Agency adopt
Resolution Nos. 35 (SA) entitled, “A Resolution of the Santa Monica
Redevelopment Successor Agency Approving and Adopting the
Administrative Budget for the Period July 2018 – June 2019” and 36 (SA)
“A Resolution of the Santa Monica Redevelopment Successor Agency
Approving and Adopting the Recognized Obligation Payment Schedule for
July 2018 – June 2019.”
ADJOURNMENT OF
JOINT MEETING
On order of the Mayor, the joint meeting with the Redevelopment Agency
adjourned at 7:27 p.m., and the regular City Council meeting reconvened
with Councilmember O’Connor absent.
7 January 9, 2018
ORDINANCES:
SANTA MONICA PIER
7.A. Amendment to the Ordinance for Vehicle Weight Restrictions on
the Santa Municipal Pier, was pulled at the request of staff.
Recommended Action
Staff recommends that the City Council:
1. Introduce for First Reading the attached Ordinance amending Santa
Monica Municipal Code Section 10.08.560 (Municipal Pier—
Vehicle Weight Restrictions) updating load limitations for the Santa
Monica Municipal Pier and the Newcomb Pier.
2. Conduct a public hearing, on behalf of Los Angeles County and at
the County’s request, to determine the appropriate load limitation
for the Pier Bridge.
3. Direct staff to seek authorization from the County of Los Angeles to
set the Pier Bridge load limit.
STAFF
ADMINISTRATIVE
ITEMS:
PLANNING PRIORITIES
8.A. City Planning Division Priorities, was presented.
Recommended Action
It is recommended that the City Council review and provide guidance on
setting the upcoming City Planning Division priorities.
Members of the public Denise Barton, Aliceann Grusin, Robert Posek (time
donated by Kit Dreyfus), Nancy Coleman (time donated by James
Hartung), Damilo Bach, Zina Josephs, Nikki Kolhoff, Jeanna Laurie,
Russell Bjorkman, Shawn Landres, Stacy McClendon, Jerry Rubin,
Ruthann Lehrer, Carol Lemlein, Brian O’Neil, Nina Fresco, Ana Maria
Jara, Sofia Ramirez, Irma Carranza, Ana G. Jara, Catherine Eldridge, and
Jaleh Mamita spoke on the recommended action.
Questions asked and answered of staff included: how many priorities is
staff asking Council to choose; how would the Planning Department
construct a list of a broad group for outreach to contribute to the Pico
Neighborhood Plan; is there a way to deal with the zoning heights, and not
impact the dwelling unit zoning; who in Planning can work on the
Landmarks Ordinance Updates in order to get it through the process
quickly; can short term plans be put in place for landmarked buildings until
the full ordinance update is completed; is there a way to shorten the
GANTT chart without losing the public input; how can we shift from paper
making planning to an outcome orientation instead; is there a way to
change the city’s processes to get the implementation completed quicker;
are there any interim ordinances that can halt the deterioration of affordable
housing in the Pico Neighborhood and R1 Neighborhoods; is there a way to
slow the demolitions in neighborhoods; how long would it be if an interim
ordinance was created before a final ordinance was established; in the Pico
Plan, are there some quick emergency or zoning ordinances to address
some of the short-term issues; is there a process that can be established in
8 January 9, 2018
the R1 zone to create a more expedient or streamline way to get through the
plan check process, if the owner agrees to a smaller footprint; can you
explain how staff plans to separate parts of the zoning in Pico dealing with
Mobility amenities and zoning; Housing on the Boulevards, does that also
include Bergamot; Net Zero Energy standards, should it reduce the energy
so much that it should reduce the size of buildings; in the R1 district, can
zoning be created to reduce homeowners ability to reduce sunlight to
neighbor’s homes; and, can the Civic Center Sports park be placed at the
top of the priority list.
Direction from Council included: pursue having larger public meetings for
public outreach to get the same output, and utilizing less staff time; make
the Pico Neighborhood Plan zoning as the top priority #1, and give
direction to create a process to preserve the Pico Neighborhood and create a
total plan with broader outreach from all of the various groups in Pico
Neighborhood, and create an urgency to preserve the homes in the
neighborhood; and create an interim zoning for the Pico Neighborhood
immediately, and work on the totality plan at a later date to preserve the
neighborhood as much as possible.
Motion by McKeown, seconded by Mayor Pro Tem Davis, to make priority
#2 to direct staff to come back in two weeks with an interim or emergency
ordinance that cuts that allowable development size in R1 neighborhoods
by a 20% of square footage, and puts a 28-foot maximum cap on height.
Mayor Winterer proposed a friendly amendment, that the
interim/emergency ordinance specifically address tools to provide adjacent
properties access to their solar rights.
After further discussion with staff, Councilmember McKeown amended his
motion, to direct staff to come back with a height lower than 28-feet, to be
determined, and hope that also addresses the solar access.
After adjusting the main motion, the amendment was considered friendly
by the maker and seconder.
Mayor Pro Tem Davis, proposed a friendly amendment to exempt
accessory dwelling units from whatever restrictions are put on lot coverage
for the main building. The motion was considered friendly by the maker.
Motion by Councilmember Himmelrich, proposed a friendly amendment to
insert language relating to demolitions within a certain distance that’s
already in the multi-family neighborhoods. The amendment was not
considered friendly for the interim/emergency ordinance, but should be
studied for the longer term.
9 January 9, 2018
The motion, with amendments was approved by the following vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to make priority #3 to move forward with implementation of SB743. The
motion was approved by the following vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
Motion by Mayor Pro Tem Davis, seconded by Councilmember McKeown,
to make priority #4 Landmark Ordinance Update. The motion was
approved by voice vote, with Councilmember O’Connor absent.
Councilmember Vazquez, proposed the next priority to be Memorial Park
Neighborhood Plan. After clarification that the plan is for the area around
Memorial Park, not specifically the park. Councilmember Vazquez agreed
to make this a later priority.
Mayor Winterer proposed Priority #5 Options to Encourage Housing on the
Boulevards in the Bergamot Area. Council approved this priority.
Councilmember McKeown, seconded by Mayor Pro Tem Davis, to give
direction to staff to come back with an ordinance that you cannot get a new
discretionary permits if you are in violation on existing permits. The
motion was approved by voice vote, with Councilmember O’Connor
absent.
Mayor Winterer proposed the following priorities:
Priority #6 - Local Coastal Plan.
Priority #7 - Memorial Neighborhood Plan
Priority #8 Gateway Master Plan
Council approved Priorities 6, 7 and 8 by voice vote, with Councilmember
O’Connor absent.
PUBLIC HEARINGS:
WATER RATES
9.A. Calendar Year 2018 Water Rate Adjustment, was presented.
Recommended Action
Staff recommends that the City Council:
10 January 9, 2018
1. Suspend the 9% water rate increase authorized to go into effect on
January 1, 2018 and authorize a 5% increase to be in effect until
December 31, 2018; and
2. Authorize the budget changes as outlined in the Financial Impacts
& Budget Actions section of this report.
Members of the public Denise Barton, Johnathan Foster, Mark Gold, and
Judy Abdo, spoke generally in favor of the recommended action.
Questions asked and answered of staff included: how can the sustainable
yield be so off from year to year; what percentage of the water goes to
commercial versus residential; do we still not know the cost of remediation
for the contaminated wells; how much revenue is generated with the
proposed 5% rate increase, and where does it go; what’s behind the money
not being pushed out for rebate reimbursements; and, what is the daily
water use in Australia.
Discussion ensued on topics included, knowing and understanding where
the city stands with regards to water, and how much water funds are left.
Motion by Councilmember O’Day, seconded by Councilmember
Himmelrich, to suspend the 9% water rate increase authorized to go into
effect on January 1, 2018 and authorize a 5% increase to be in effect until
December 31, 2018. The motion was approved by the following vote:
AYES: Councilmembers O’Day, Himmelrich, Vazquez, McKeown,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
Motion by Councilmember O’Day, seconded by Mayor Pro Tem Davis, to
authorize the budget changes as outlined in the Financial Impacts & Budget
Actions section of this report. The motion was approved by the following
vote:
AYES: Councilmembers McKeown, Vazquez, Himmelrich, O’Day,
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: Councilmember O’Connor
PUBLIC INPUT: Members of the public Johnathan Foster, Denise Barton, Art Casillas, and
Dhun May commented on various local issues.
11 January 9, 2018
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:44 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Ted Winterer
City Clerk Mayor