HomeMy WebLinkAboutcc min 2019/09/10 City of Chula Vista
Meeting Minutes - Final
Tuesday,September 10,2019 5:00 PM Council Chambers
276 4th Avenue,Building A
Chula Vista,CA 91910
REGULAR MEETING OF THE CITY COUNCIL
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda
items may be taken out of order during the meeting.
The agenda items at this meeting were considered in the order presented.
CALL TO ORDER
A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor
Padilla and Mayor Casillas Salas
Also Present.' City Manager Halbert, City Attomey Googins, City Clerk Bigelow, and Assistant City Clerk
Turner
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Diaz led the Pledge of Allegiance. Mayor Casi/las Sa/as requested a moment of silence in
remebrance of the victims of 9/11.
SPECIAL ORDERS OF THE DAY
A. 19-0280 PRESENTATION OF THE SANDAG BIG VISION AND 5 BIG MOVES
FOR THE 2021 REGIONAL PLAN UPDATE BY EXECUTIVE DIRECTOR
HASAN IKHRATA AND SPECIAL PROJECTS DIRECTOR COLEEN
CLEMENTSON
Executive Director Hasan Ikhrata, Special Projects Director Coleen Clementson, and staff representing
SANDAG gave a presentation on the item.
The following members of the public spoke in support of the SANDAG Big 5 Moves program:
-Rita Clement, Chula Vista resident
-Larry Emerson, National City resident
The following members of the public submitted written documentation in support of the SANDAG Big 5
Moves program and did not wish to speak:
-Carolina Rodriguez
-Denia Martin
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B. 19-0418 PRESENTATION BY METROPOLITAN TRANSIT SYSTEM (MTS)
MARKETING SPECIALIST MARCIAL GUTIERREZ DECLARING
OCTOBER 2, 2019 RIDE FREE DAY ON MTS TRANSIT SYSTEM
Mayor Casillas Salas read the proclamation and Councilmember Galvez presented it to Marcial Gutierrez,
representing the San Diego Metropolitan Transit System, who gave a presentation on the item.
C. 19-0423 PRESENTATION OF A PROCLAMATION PROCLAIMING SEPTEMBER
2019 AS NATIONAL CHILDHOOD OBESITY AND HUNGER
AWARENESS MONTH IN THE CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to Senior Project
Coordinator Kurz and Principal Recreation Manager Contreras, who gave a presentation on the item.
D. 19-0427 PRESENTATION OF A PROCLAMATION PROCLAIMING SEPTEMBER
13 THROUGH SEPTEMBER 22, 2019 AS WELCOMING WEEK IN THE
CITY OF CHULA VISTA
Mayor Casillas Salas read the proclamation and Deputy Mayor Padilla presented it to members of the
Human Relations Commission.
E. 19-0443 PRESENTATION OF A PROCLAMATION PROCLAIMING SEPTEMBER
2019 AS NATIONAL PREPAREDNESS MONTH IN THE CITY OF CHULA
VISTA
Mayor Casillas Salas read the proclamation and Councilmember Diaz presented it to Fire Chief Geering
and Emergency Services Coordinator King, who gave a presentation on the item.
CONSENT CALENDAR (Items 1 - 11)
Items 4, 10 and 11 were removed from the Consent Calendar at the request of a member of the public,
staff, and Councilmember Galvez, respectively.
City Attorney Googins announced that a revised resolution for Item 3 and an updated reimbursement
agreement for Item 4 had been distributed to the Council, and that action on the items would be with
respect to the revised documents.
1. 19-0444 APPROVAL OF MINUTES of April 9, 2019.
Recommended Action:Council approve the minutes.
2. 19-0392 ORDINANCE NO. 3461 OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NO. 2384 RELATING TO THE ESTABLISHMENT OF THE
TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE
(SECOND READING AND ADOPTION)
This item was continued from August 6, 2019.
Recommended Action:Council adopt the ordinance.
3. 18-0528 A. RESOLUTION NO. 2019-167 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING A MAP SHOWING THE BOUNDARIES OF
THE TERRITORY PROPOSED TO BE INCLUDED IN THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT
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B. RESOLUTION NO. 2019-168 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE
PUBLIC AND PRIVATE IMPROVEMENTS, AND MAINTENANCE AND
SERVICES
C. RESOLUTION NO. 2019-169 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DECLARING THE NECESSITY TO INCUR A
BONDED INDEBTEDNESS OF THE BAYFRONT PROJECT SPECIAL
TAX FINANCING DISTRICT TO BE SECURED BY SPECIAL TAXES
LEVIED WITHIN SUCH DISTRICT TO FINANCE PUBLIC AND PRIVATE
IMPROVEMENTS
Recommended Action:Council adopt the resolutions.
Item 4 was removed from the Consent Calendar.
5. 19-0432 RESOLUTION NO. 2019-173 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDED AND RESTATED
AGREEMENT AND ASSOCIATED DOCUMENTS MEMORIALIZING A
STATE DENSITY BONUS PURSUANT TO GOVERNMENT CODE
SECTION 65915 ET SEQ. BETWEEN THE CITY AND HAMILTON PLAZA
LTD, INCLUDING ALLOWING THE RENTAL OF DWELLING UNITS AT
AN AFFORDABLE RENT UNTIL THEY ARE SOLD AT AN
AFFORDABLE SALES PRICE AT KINGSWOOD MANOR
Recommended Action:Council adopt the resolution.
6. 19-0399 RESOLUTION NO. 2019-174 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE PERFORMING AND VISUAL ARTS
GRANT REVIEW PANEL'S AWARD RECOMMENDATIONS FOR
FISCAL YEAR 2019/20 WITH A TOTAL MONETARY GRANT AWARD
FOR THIS FISCAL YEAR TOTALING $80,390
Recommended Action:Council adopt the resolution.
7. 19-0416 RESOLUTION NO. 2019-175 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR
THE COMBINED ADVERTISEMENT OF THE "SEWER ACCESS ROAD
REHABILITATION FOR FISCAL YEAR 2013/14 (CIP# SWR0282)" AND
"SEWER ACCESS ROAD REHABILITATION FOR FISCAL YEAR
2014/15 (CIP# SWR0288)" PROJECTS TO BLUE PACIFIC
ENGINEERING AND CONSTRUCTION IN THE AMOUNT OF $192,089;
AND APPROPRIATING $44,000 FROM THE AVAILABLE BALANCE OF
THE SEWER FACILITY REPLACEMENT FUND TO CIP# SWR0282 (4/5
VOTE REQUIRED)
Recommended Action:Council adopt the resolution.
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8. 19-0417 RESOLUTION NO. 2019-176 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR
THE "INSTALLATION OF PEDESTRIAN COUNTDOWN INDICATIONS
AND TRAFFIC SIGNAL MODIFICATIONS (TRF0405)" PROJECT TO
HMS CONSTRUCTION, INC., IN THE AMOUNT OF $1,045,000; AND
TRANSFERRING $135,000 IN TRAFFIC SIGNAL APPROPRIATIONS
FROM TRF0398 TO TRF0405 (4/5 VOTE REQUIRED)
Recommended Action:Council adopt the resolution.
9. 19-0415 INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2019
Recommended Action:Council receive the report.
Item's 10 and 11 were removed from the Consent Calendar.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to approve staff's recommendations on the above Consent Calendar
items,headings read,text waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. 19-0414 A. RESOLUTION NO. 2019-170 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (1) APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY AND RIDA CHULA VISTA, LLC ("DEVELOPER")
TO CONSTRUCT SPECIFIED SEWER IMPROVEMENTS; (2) FINDING
THE DEVELOPER'S PROPOSED SOLE SOURCE AWARD TO ITS
GENERAL CONTRACTOR TO CONSTRUCT SUCH IMPROVEMENTS
TO BE IN THE BEST INTEREST OF THE PUBLIC, PURSUANT TO
CHULA VISTA MUNICIPAL CODE SUBSECTION 2.56.160(H),
"DEVELOPER-PERFORMED PUBLIC WORKS"; (3) DELEGATING TO
THE CITY MANAGER AUTHORITY TO ASSURE COMPLIANCE WITH
APPLICABLE PROCUREMENT REQUIREMENTS FOR
SUBCONTRACTORS; AND (4) APPROPRIATING FUNDS THEREFOR
(4/5 VOTE REQUIRED)
B. RESOLUTION NO. 2019-171 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY AND RIDA CHULA VISTA, LLC TO DESIGN
SPECIFIED BAYFRONT INFRASTRUCTURE IMPROVEMENTS AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
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C. RESOLUTION NO. 2019-172 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA FINDING RIDA CHULA VISTA, LLC'S PROPOSED
SOLE SOURCE AWARD TO ITS GENERAL CONTRACTOR TO
CONSTRUCT BAYFRONT DEVELOPMENT IMPACT FEE
TRANSPORTATION FACILITIES TO BE IN THE BEST INTEREST OF
THE PUBLIC, PURSUANT TO CHULA VISTA MUNICIPAL CODE
SUBSECTION 2.56.160(H), "DEVELOPER-PERFORMED PUBLIC
WORKS," AND DELEGATING TO THE CITY MANAGER AUTHORITY TO
ASSURE COMPLIANCE WITH APPLICABLE PROCUREMENT
REQUIREMENTS FOR SUBCONTRACTORS
This item was continued from August 13, 2019.
Theresa Acerro, Chula Vista resident, also speaking on behalf of Kenn Colclasure, Chula Vista resident,
spoke in opposition to staffs recommendation.
ACTION: A motion was made by Mayor Casillas Salas, seconded by Deputy Mayor Padilla,
to adopt Resolution Nos. 2019-170, 2019-171, and 2019-172, headings read, text
waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
10. 19-0434 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE ASSISTANCE TO FIREFIGHTERS GRANT AWARD
FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY,
APPROPRIATING $156,7361N THE FEDERAL GRANT FUND, AND
AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO EXECUTE ALL
RELATED DOCUMENTATION AND PROCUREMENT ASSOCIATED
WITH THIS GRANT (4/5 VOTE REQUIRED)
Item 10 was not discussed and was continued to the meeting of September 24, 2019.
11. 19-0425 A. RESOLUTION NO. 2019-177 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION
OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED
POSITION COUNTS IN VARIOUS DEPARTMENTS WITH A NET
INCREASE IN AUTHORIZED STAFFING
B. RESOLUTION NO. 2019-178 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2019/20
COMPENSATION SCHEDULE EFFECTIVE SEPTEMBER 13, 2019, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
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C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE
UNCLASSIFIED POSITIONS OF FA CYBER SECURITY PROGRAM
MANAGER, FA NETWORK ADMINISTRATOR III, AND FACILITIES
FINANCING MANAGER AND TO DELETE THE FA INFORMATION
SECURITY PROGRAM MANAGER POSITION (FIRST READING) (4/5
VOTE REQUIRED)
Human Resources Director Chase responded to questions of the Council.
ACTION: A motion was made by Councilmember Galvez, seconded by Councilmember
McCann, to adopt Resolution Nos. 2019-177 and 2019-178, and to place the above
ordinance on first reading, headings read, text waived. The motion carried by
the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
PUBLIC COMMENTS
The following members of the spoke in opposition to the drag queen story time program:
-John Moore, San Diego resident
-Arthur Schaper
-Karen Grube, Escondido resident
-Mary Mayer-Oaks, National City resident
-Tony Villafranca, and he also spoke on behalf of Ruben Serrano, Chula Vista resident
-Allison Smith, EI Cajon resident
-Laurel Dailey, Chula Vista resident
-Jose Solis, Chula Vista resident
-Nita Hodges, Chula Vista resident
-Matt Kocher, Chula Vista resident
-George Nobbs, Chula Vista resident
-Aaron Sanders, Chula Vista resident
-Martha Souza, Chula Vista resident
-Hanoli Sandez, Chula Vista resident
-Robert Sandez, Chula Vista resident
-Carolina Thomas, Chula Vista resident
-Lillie Hebert, Chula Vista resident
-Michelle Huffman, Imperial Beach resident
-Pastor Amado Huizar, Chula Vista resident, and he submitted written protests
-Pastor Art Hodges, Chula Vista resident
-Alexandra Motz, Chula Vista resident
-Hector Gastelum, Chula Vista resident
The following members of the public spoke in support of the drag queen story time program and the
LGBTQ+community:
-Shane Parmely, Chula Vista resident
-Marco Amaral, Imperial Beach resident
-Paola Martinez Montez, Chula Vista resident
-Dalia Gonzalez, Chula Vista resident
-Lizzie Lechner, Chula Vista resident
-Wiliam Felix, Chula Vista resident
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The following members of the public submitted written documentation in support of the drag queen story
time program and did not wish to speak.-
-Carolina
peak.-Carolina Rodriguez, Chula Vista resident
-Sarah Walsh, San Diego resident
-Gina Woodard, Chula Vista resident
-Denis Martin, Chula Vista resident
-Rita Clement, Chula Vista resident
-Becky Thimm, Chula Vista resident
-Patricia Huffman, Chula Vista resident
-Maggi Baker, Chula Vista resident
Eva Varela, Chula Vista resident, expressed safety concerns related to the drag queen story time
program.
Daniel Teaque, Chula Vista resident, expressed concern regarding brush maintenance in the area of his
house.
The following members of the public expressed concern regarding a proposed psychiatric hospital:
-Ian Burgar, Chula Vista resident
-Bill Stellin, Chula Vista resident
-David Molinari, Chula Vista resident
Rebekah Edwards, Chula Vista resident, submitted written documentation regarding a proposed
psychiatric hospital and did not wish to speak.
The following members of the public submitted a request to speak but were not present when called:
-Reverend Billy Falling, Chula Vista resident
-Vanessa Ramos, Chula Vista resident
-Gail Levin, San Diego resident
-Ray Richmond
-Maria Valdez
-Jim Scofield, Chula Vista resident
Shenayim Sandez, Chula Vista resident, introduced herself.
Becky Rapp, Chula Vista resident, spoke in support of City participation in litigation against the Bureau of
Cannabis Control, and she expressed concern regarding marijuana use and spoke in opposition to the
drag queen story time program.
Tim Neil, Chula Vista resident, expressed concern regarding a tree in his yard.
ACTION ITEMS
12. 19-0413 A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING
COMMUNITY CHOICE AGGREGATION IN THE CITY OF CHULA VISTA
(FIRST READING)
B. RESOLUTION NO. 2019-179 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AND AUTHORIZING THE EXECUTION
OF THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
SAN DIEGO REGIONAL COMMUNITY CHOICE ENERGY AUTHORITY
Conservation Specialist Downs and Chief Sustainability Officer Gakunga gave a presentation on the item.
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City Attorney Googins presented information regarding risk mitigation.
The following members of the public spoke in support of staffs recommendation:
-Rita Clement, Chula Vista resident
-Maggie Baker, Chula Vista resident
-Carolyn Scofield, Chula Vista resident
-Matthew Vasilakis and Carolina Rodriguez, representing San Diego Community Choice Alliance, and they
gave a presentation on the item
-Sarah Walsh, representing Sullivan Solar Power
-Cody Hooven, representing the City of San Diego
-Sebastian Saria
The following members of the public expressed concern with some of the provisions of the proposed
agreement related to labor.
-Gretchen Newsom, representing IBEW Local 569
-Hector Gastelum, representing the Coalition for Fair Employment and Construction
The following members of the public submitted written documentation in support of the item and did not
wish to speak:
-Tynan Wyatt, Chula Vista resident
-Jacob Babauta, Bonita resident
-Denis Martin Lopez, Chula Vista resident
-Patricia Huffman, Chula Vista resident
-Gina Woodward, Chula Vista resident
-Becky Thimm, Chula Vista resident
-Joyce Lane, representing San Diego 350
Lisa Cohen, representing the Chula Vista Chamber of Commerce, submitted written documentation
requesting the Council postpone a decision on the item.
Edgar Garcia, representing Green Seed Investment and First Seed Development, spoke regarding a
potential solar farm at the Salt Creek Golf Course property.
Councilmember Padilla stated that he agreed with the testimony of speaker Gretchen Newsom.
Council discussion ensued.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to place the above ordinance on first reading and adopt Resolution No.
2019-179,headings read,text waived.The motion carried by the following vote:
Yes: 3- McCann, Padilla and Casillas Salas
No: 2- Diaz and Galvez
Abstain: 0
CITY MANAGER'S REPORTS
City Manager Halbert expressed gratitude for the exceptional work performance by the Community
Services and Police Departments surrounding the demonstration related to the drag queen story time
program.
Mayor Casillas Salas concurred with City Manager Halbert's comments and also recognized Library staff.
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MAYOR'S REPORTS
13. 19-0429 RATIFICATION OF APPOINTMENTS OF THE FOLLOWING:
- Jennifer Bustamante, Housing Advisory Commission
(At-Large Seat)
- Jay Francisco, Safety Commission
- Steven Goldkrantz, Historic Preservation Commission
- Curtis Moore, International Friendship Commission
- Shawan Owusu, Housing Advisory Commission
- Peggy Ratner, Human Relations Commission
- Jeff Redondo, Cultural Arts Commission
-Tanya Rodriguez, Cultural Arts Commission
- Jasmine Rubel, Board of Library Trustees
- Emily Tran, Commission on Aging
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to ratify the above appointments. The motion carried by the following
vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
At the request of Mayor Casillas Salas, there was consensus of the Council to add the following items to
an upcoming agenda:
-Consideration of endorsing and sponsoring the 7th Annual International Mariachi Festival at Bayside
Park;and
-Consideration of a referral to the Charter Review Commission to analyze and draft for City Council
consideration a charter amendment that would allow Chula Vista "residents," not just "qualified electors,"
to serve on City boards and commissions.
COUNCILMEMBERS' COMMENTS
Councilmember McCann spoke regarding his Naval Reserve service. He thanked first responders to 9/11
and the military members who served in Iraq and Afghanistan.
Deputy Mayor Padilla spoke regarding 9/11, and he paid tribute to the victims and recognized first
responders.
Deputy Mayor Padilla and Mayor Casillas Salas spoke regarding acceptance and inclusion.
Councilmember Diaz spoke regarding the importance of respecting others'views and opinions.
Councilmember Galvez, expressed appreciation to the faith-based community and suggested a member
of that community serve on the Board of Library Trustees. Councilmember Galvez extended an invitation
to a meeting of the United States section of the International Boundary and Water Commission, regarding
the border sewage issue in Tijuana River Valley.
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CITY ATTORNEY'S REPORTS
14. 19-0419 REQUEST FOR CITY COUNCIL ACTION TO AUTHORIZE CITY
PARTICIPATION IN LITIGATION AGAINST THE STATE BUREAU OF
CANNABIS CONTROL IN ORDER TO CHALLENGE STATE EFFORTS
TO PREEMPT LOCAL REGULATION OF CANNABIS DELIVERY
BUSINESSES (COUNTY OF SANTA CRUZ, ET AL. V. BUREAU OF
CANNABIS CONTROL, ET AL.)
City Attorney Googins spoke regarding the item.
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Galvez, to authorize City Attorney Googins to sign on behalf of the City to join the
litigation with expenditures of up to $5,000. The motion carried by the following
vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of
action taken during Closed Sessions are maintained by the City Attorney.
15. 19-0421 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c)
One [1] Case. County of Santa Cruz, et al. v. Bureau of Cannabis Control,
et al., Fresno Superior Court, Case No. 19CECG01224.
Item 15 was withdrawn and was not discussed.
ADJOURNMENT
The meeting was adjourned at 9:33 p.m.
Minutes prepared by: Tyshar L. Turner,Assistant City Clerk
Kerry igelow, MC, City Clerk
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