Corey Middleton, Mayor
Paul McCoy, Mayor Pro tempore
Colleen Baker, Councilmember
Drake Davis, Councilmember
Duane Kegg, Councilmember
Jason Ledbetter, City Manager
Rhetta Hogan, Asst. City Manager and Clerk
Emily Aldrich, Finance Director
Matthew Bray, Public Works Director
John Elsnab, Human Resources Director
Mark Gilman, Police Chief
Andrew Jared, City Attorney
Jerry Lemos, Fire Chief
Juliana Lucchesi, Planning Director
YREKA CITY COUNCIL SPECIAL MEETING AGENDA
Wednesday, May 31, 2023, 12:00 Noon
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA 96097 Phone 530-841-2386, Facsimile 530-842-4836, email: [email protected] Regular Meetings of the Yreka City Council are held the 1st and 3rd Tuesday of every month.
The full agenda packet can be found on the City’s website: www.ci.yreka.ca.us/AgendaCenter
1. CALL TO ORDER SPECIAL SESSION AND PLEDGE OF ALLEGIANCE:
2. PUBLIC COMMENT:
Public participation is limited to those items listed on the agenda.
If your comments do not concern an item listed on this Agenda, please address the City Council at the next regular meeting.
The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda.
Join this meeting via Zoom:
Link: https://us02web.zoom.us/j/6194957056
Meeting ID# 619-495-7056
Members of the public may also remotely listen to and participate in the meeting via teleconference. If you wish to listen or participate in this meeting through teleconference, simply dial into the conference number below, and enter the meeting ID#.
Conference call in Number: 669-900-6833 (Toll-Free 888 788 0099) “RAISE YOUR HAND” to provide public comment for your desired item. Speakers will be asked to identify themselves.
• Online: If you are online, click on “raise hand” on the bottom of your screen. • Mobile App: In the mobile app, you can raise your hand by tapping the "Raise Hand" option in the "More" tab. • Telephone: If you are calling in via telephone, to raise your hand, dial *9 (star-nine). Speakers will be called on by the last four digits of their phone number. To unmute yourself dial *6 (star-six). 1 of 23
• Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker.
• Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to five (5) minutes.
Public comment period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
3. PUBLIC COMMENT FOLLOW-UP:
This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.
4. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Legal Counsel – Potential Litigation (Gov. Code § 54956.9(d)(2)) Number of cases - 1
5. RETURN TO OPEN SESSION:
Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
6. OLD BUSINESS
City Manager
a. Agenda Title: Reconsideration of fee waiver request of Development Impact Fees for owner’s investment property from the December 6, 2022, City Council meeting that specified certain conditions be met for consideration of said request.
Owner/investor Bill Schmidt willingly entered into a fee waiver agreement in April 2017, secured by real property. The promissory note is delinquent and is now subject to current development fees, interest and penalties. The Yreka City Council gave directions during its December 6, 2023, regular meeting to Bill Schmidt for some payment relief once certain conditions were satisfied on or before June 6, 2023. The owner/investor has received a Certificate of Occupancy for the said property.
Recommended City Council Action: Discussion and possible action for reconsideration of fee waiver request of Development Impact Fees for owner’s investment property from the December 6, 2022, City Council meeting where City Council specified that certain conditions be met for consideration of said request by June 6, 2023, where City Council would:
Approve payment of the fee schedule as presented at the December 6, 2022, City Council meeting, where fees, interest and penalties were locked-in at that time, totaling $22,442.66 and close of escrow condition removed.
7. ADJOURNMENT:
In compliance with the requirements of the Brown Act, notice of this meeting has been posted in a publicly accessible place, 24 hours in advance of the meeting.
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All documents produced by the City which are related to an open session agenda item and distributed to the City Council are made available for public inspection in the City Clerk’s Office during normal business hours.
Public Hearings: If, in the future, you wish to challenge in court any of the matters on an agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Any person seeking to challenge a City Council decision made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.”
"CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of Yreka is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Yreka, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies." The City of Yreka does not discriminate on the basis of race, color, national origin, religion, age, gender, sexual orientation, disability, or any other legally protected classes in employment or provision of services. In compliance with the Americans with Disabilities Act, those requiring accommodations for this meeting should notify the City Clerk prior to the meeting at (530) 841-2386 or by notifying the Clerk at [email protected].
AFFIDAVIT OF NOTIFICATION AND POSTING
STATE OF CALIFORNIA )
COUNTY OF SISKIYOU ) SS
CITY OF YREKA )
I, Rhetta Hogan, City Clerk for the City of Yreka, hereby declare under penalty of perjury that a copy of the above Agenda of the Regular Meeting of the City Council of the City of Yreka, California, was delivered and/or notice by email not less than 24 hours, before the hour of 12:00 Noon on May 31, 2023 to the members of the governing agency, and caused the agenda to be posted on the City’s website at www.ci.yreka.ca.us and posted at Yreka City Hall, 701 Fourth St., Yreka, California. 3 of 23
CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
To: Yreka City Council
From: Jason Ledbetter, City Manager
Prepared By: Rhetta Hogan, Assistant City Manager
Agenda Title: Reconsideration of fee waiver request of Development Impact Fees for owner’s investment property from the December 6, 2022, City Council meeting that specified certain conditions be met for consideration of said request
Meeting Date: May 31, 2023
Recommended Action:
6.a. Approve payment of the fee schedule as presented at the December 6, 2022, City Council meeting, where fees, interest and penalties were locked-in at that time, totaling $22,442.66 and close of escrow condition removed.
Discussion:
Owner/investor Bill Schmidt willingly entered into a fee waiver agreement in April 2017, secured by real property.
At the December 6, 2023 City Council meeting, the Yreka City Council gave directions for some payment relief once certain conditions were satisfied on or before June 6, 2023. The owner/investor has received a Certificate of Occupancy for the said property and is ready to pay the fees. Without any consideration of payment relief, those fees if charged today, would total over $35 thousand (as the recorded Development Fee Agreement contains language where the fees revert to the “current Development Impact Fee rate”).
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CITY OF YREKA
CITY COUNCIL AGENDA MEMORANDUM
TO: Yreka City Council
PREPARED BY: Emily Aldrich, Finance Director,
AGENDA TITLE: Discussion possible action regarding request for waiver of Development Impact Fees for Mr. & Mrs. Schmidt investment property
MEETING DATE: Tuesday, December 6, 2022
Discussion:
Mr. & Mrs. Schmidt entered into a Development Impact Fee Deferral Agreement April 4, 2017, in the amount of $6,994.42 which at the time represented fifty (50%) precent of the current Development Impact Fees; the property:
BEING A PORITON OF LOT 3, BLOCK 5, OF THE CITY OF YREKA, A PORITON OF SECTION 22, TOWNSHIP 45 NORTH, RANGE 7 WEST M.D.M IN THE INCORPORATED CITY OF YREKA, SISKIYOU COUNTY CALIFORNIA.
PARCEL 2, AS SHOW ON THE PARCEL MAP NUMBER 2016-5, DATED MAY 2016 AND RECORDED THE 24TH DAY OF JUNE, 2016 IN PARCEL, MAP BOOK 14 AT P AGE 60, SAID RECORDS OF SISKIYOU COUNTY CALIFORNIA.
The agreement stipulated that the amount was due payable in full within one year of the effective date of the agreement. In the event that the DIF was not paid timely per the agreement, the amount of the DIFs shall be determined in accordance with the Development Impact Fee schedule in effect when the DIFs are actually paid, or the schedule in effect at the end of the deferral period as set forth in the Yreka Municipal Code chapter 11.23, whichever amount is greater.
This agreement and Deed of Trust have been recorded against the Property in the Office of the Siskiyou County Recorder and constitutes a lien for the payment.
City Fiscal Impact:
Mr. Schmidt is requesting Council honor the $6,994.43 (50% of the 2017 DIP). Current amount owed as of today is $22,442.66; which includes the fees plus interest and penalties.
Recommendation and Requested Action:
Staff recommends that the note stays in place as is and will be satisfied upon sale of the property or Mr. & Mrs. Schmidt pay the amount in full.
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MINUTES OF THE YREKA CITY COUNCIL MEETING
HELD ON DECEMBER 6, 2022
Yreka City Council Chamber, 701 Fourth Street, Yreka, CA On December 6, 2022, the City Council of Yreka, met for a Special meeting at 5:30 p.m. and Regular Meeting at 6:30 p.m. and upon roll call, the following Councilmembers were present: Deborah Baird, Joan Smith Freeman (arrived 5:41pm), Duane Kegg, Paul McCoy, and Corey Middleton.
1. CALL TO ORDER:
2. PUBLIC COMMENT ON CLOSED SESSION:
None
3. CLOSED SESSION:
The City Council will recess to Closed Session to discuss the following item(s). At the conclusion of the Closed Session, Open Session will reconvene and reportable action, if any, will be announced:
a. Conference with Real Property Negotiations (§ 54956.8) Property: APN 062-031-250 (0.88-acre parcel)
Third Party Negotiation: Nor-Cal Products by Pfeiffer Vacuum City Negotiation: City Manager and City Attorney
Negotiating Parties: City of Yreka and Nor-Cal Products by Pfeiffer Vacuum Under Negotiation: Possible purchase agreement including price, terms of payment, or both.
b. Conference with Labor Negotiator Government Code § 54957.6(a) Agency negotiators: City Manager Ledbetter, Assistant City Manager Hogan, Human Resources Director Elsnab
Employee Organization: Yreka Management Association
4. OPTIONAL RECESS IF DESIRED:
5. RETURN TO OPEN SESSION AT 6:30 PM:
Announcement of any action taken by the City Council in Closed Session required by the Ralph M. Brown Act. (Government Code § 54950 et. seq.)
Mayor Kegg announced that there was no reportable action taken during closed session
6. CALL TO ORDER REGULAR SESSION AND PLEDGE OF ALLEGIANCE:
7. SPECIAL PRESENTATIONS AND/OR ANNOUNCEMENTS:
This time slot is for informational presentations, appointments, or awards to be presented by the City Council or to the City Council.
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8. PUBLIC COMMENTS:
Public participation is welcomed and invited at all City Council meetings. Time is reserved at each regular meeting for those in the audience who wish to address the City Council. The City requests that persons addressing the City Council refrain from making personal, slanderous, profane, or disruptive remarks.
Councilmembers, when recognized by the Mayor, may ask questions of presenter but no action may be taken by the City Council during the public comment section of the meeting. Under the Brown Act, the City Council is prohibited from discussing or taking action on any item not listed on the posted agenda. • Please speak into the microphone from the podium. The podium electronically adjusts up and down to accommodate speaker. (Should you need an additional special accommodation, e.g., remote microphone, please notice the City Clerk prior to the start of meeting for arrangements). • Please state your name for the record prior to providing your comments. • Please address the Council as a whole.
• If you have documents to present, please provide a minimum of seven (7) copies. • Please limit your remarks to five (5) minutes.
Public comments period is not intended to be a “Question and Answer” period or conversations with the Council or City staff.
Public Comment from: Brian Favero, Sharon Farhney (530-340-1045), Steve Radford
9. PUBLIC COMMENT FOLLOW-UP:
This is the time for City Council or the City Manager to respond to public comments and may direct staff to prepare a report or place an item on a future agenda.
10. CONSENT AGENDA:
All matters listed under the consent agenda are considered routine and non-controversial and will be enacted by one motion unless any member of the Council wishes to remove an item for discussion, a. Approval/ratification of payments issued from November 7, 2022, through November 27, 2022. b. Approval of Minutes of the Regular Meeting held November 15, 2022. c. Approval of Minutes of the Special Meetings held November 17, 2022 and November 23, 2022. d. Approval of a Resolution 2022-51 Accepting the Canvass of the Results of the November 8, 2022 Election.
e. Continuation of Urgency Ordinance #864: Fireworks.
f. Continuation of Urgency Resolution #2021-51: Remote Public Meetings. g. Waive Full Text Reading of All Ordinances on the Agenda. Ordinances shall be introduced and adopted by title only.
Recommended City Council Action (after the Mayor’s request for public comment): Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
No Public Comment.
Motion to Adopt the Consent Agenda of the City Council of the City of Yreka as presented.
MOTIONED: Councilmember McCoy
SECONDED: Councilmember Middleton
AYES: Councilmembers: Baird, Smith Freeman, Kegg McCoy, and Middleton NOES: None
ABSENT: None
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11. OLD BUSINESS
Yreka City Council, Mayor Kegg
a. Council Action: The City Council is being asked to make recommendations for a Mayoral appointment to two seats on the Planning Commission
The applicants that are being considered are:
• Dawnmarie Autry
• Louise Gliatto
• Ann Ohlund
• Marlee Billingsley
Recommended City Council Action: That the City Council make recommendations to the Mayor for a Mayoral appointment to fill two seats on the Planning Commission.
No Public Comment.
McCoy nominated: Autry and Ohlund, Middleton nominated: Ohlund and Billingsley, Joan Smith Freeman nominated: Ohlund and Billingsley; Baird: Ohlund and Gliatto, Kegg nominated: Ohlund and Billingsley City Manager tallied nominations 5 for Ann Ohlund, 3 for Marlee Billingsley. Mayor appointed Ohlund and Billingsley to the Planning Commission. Planning Commissioners will be sworn in at the next regular City Council meeting.
Human Resources Director
b. Approval of the Yreka Peace Officers’ Association (YPOA) Memorandum of Understanding Representatives for the City and YPOA have met and agreed upon compensation over the next thirty months for wages, benefits (including healthcare coverage) and other compensation (callback minimum, certificate pay, premium pay, and deferred compensation).
Recommended City Council Action: Motion to Adopt a Resolution 2022-52 of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Peace Officers’ Association.
No Public Comment.
Motion to Adopt a Resolution 2022-52 of the City Council of the City of Yreka approving execution of the Memorandum of Understanding between the City of Yreka and the Yreka Peace Officers’ Association.
MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Baird
AYES: Councilmembers Baird, Smith Freeman, Kegg McCoy, and Middleton NOES: None
ABSENT: None
Finance
c. Agenda Title: Fee waiver request of Development Impact Fees for owner’s investment property 19 of 23
Owner/investor willingly entered into a fee waiver agreement in April 2017, secured by real property that is delinquent and is now subject to current development fee rates, interest and penalties. Owner is seeking payment relief.
Recommended City Council Action: Discussion and possible action regarding Waiver of Development Impact Fees for Mr. and Mrs. Schmidt investment property.
Public Comment: (Jason Ledbetter read into the public comment letter by) Bryan Foster, and in attendance Brian Young, Daniel Simon, Sherry Bennett, Lenita Ramos, Gage Kimball, Jerry Stacher, Tasha who works looks with Lenita, , Rico Gutierrez
Motion to temporarily forgo further fees accumulating on the property until June 1, if escrow did not close and city was not paid $22K by June 1, then previous forbearance penalties would be reimposed and assessed against the property. Motion failed for lack of second.
Motion where the City Attorney is being directed to redraft agreement to temporarily abate interest and penalties and to allow Certificate of Occupancy so long as the as the Certificate of Occupancy is issued and escrow closes by June 6, 2023 if the debtor fails to perform timely, interest and penalties, temporarily abated will be reimposed and applied to the note.
MOTIONED: Councilmember Kegg
SECONDED: Councilmember Middleton
AYES: Councilmembers Baird, Smith Freeman, Kegg McCoy, and Middleton NOES: None
ABSENT: None
12. PUBLIC HEARINGS:
Public Hearing Protocol:
i. Mayor will describe the purpose of the Public Hearing. ii. City Staff will provide the Staff Report.
iii. City Staff will respond to questions from the City Council. iv. Mayor will open the Public Hearing.
v. Public wanting to comment will come to the podium, provide the City Clerk with their name and address, and provide their comments.
vi. Mayor will close the Public Hearing.
vii. City Council will deliberate and act on the item.
Planning Director
a. Agenda Title: Whipple Tentative Parcel Map: Public Hearing The City of Yreka received an application from Todd and Stacy Whipple to divide Assessor’s Parcel Number 053-711-100 into two new parcels with a remainder. The two proposed parcels are immediately adjacent to the public right-of-way (North View Drive) in the northwest corner of City Limits. There are no proposed changes to the General Plan Designation of Low Density Residential or the Low Density Residentials (R-1) Zoning designation. The applicant proposes to construct two single-family houses on Parcel 1 & Parcel 2.
Recommended City Council Action: Motion to approve City Council Resolution 2022-53 recommending approval of the proposed tentative parcel map number 2022-28 for City Council consideration and adopting a Class 15 categorical exemption from CEQA. 20 of 23
Public comment: Kris McCullough,
Motion to approve City Council Resolution 2022-53 recommending approval of the tentative parcel map number 2022-28 for City Council consideration and adopting a Class 15 categorical exemption from CEQA.
MOTIONED: Councilmember Smith Freeman
SECONDED: Councilmember Baird
AYES: Councilmembers Baird, Smith Freeman, Kegg McCoy, and Middleton NOES: None
ABSENT: None
13. NEW BUSINESS:
City Council Transition
a. Recognition of Outgoing Councilmembers: Recognition of Outgoing Councilmembers (Councilmember Smith Freeman and Mayor Pro Tempore Baird) by other Councilmembers:
i. Presentation of Plaques to outgoing Councilmembers by City Manager Ledbetter. ii. Remarks by outgoing Councilmembers Mayor Pro Tempore Baird, Councilmember Smith Freeman. iii. Public comment
b. Special Recognition for former Councilmember Norm Shaskey, term expired Nov. 2020 Outgoing Councilmembers leave the dais and mingle.
Meeting Break – transition for photo opportunity and reception. c. Swearing in Councilmember: Swearing in of incoming Councilmembers Colleen Baker, Drake J.
Davis, and Paul Edward McCoy by City Clerk Hogan
i. Presentation of certificates of Election to newly elected Councilmembers. ii. Incoming Councilmembers take a seat at the dais (occupying the seats of those who left) iii. Remarks by incoming Councilmembers Colleen Baker, Drake J. Davis, and Paul Edward McCoy. iv. Public Comments
d. Mayoral Selection: Mayor of Yreka Selection
Process: Mayor Kegg hands the gavel to Mr. Ledbetter, City Manager who will run this portion of the meeting.
City Manager Ledbetter opens the floor for nominations. • Nominations do not require a second.
• Even upon the receipt of one nomination additional nominations can be made. • Please note any Councilmember can nominate themselves. • Multiple nominations are acceptable and will be voted in the order they were received.
City Manager Ledbetter closes the floor for nominations for the position of Mayor of Yreka.
City Manager asks for the Council to vote (by roll call) on each nomination in the order received. The first nominee to receive a majority vote will be the new Mayor of Yreka for a two-year term.
Based on the Council vote the new Mayor of Yreka is announced. The Mayor of Yreka takes a seat centerstage at the dais.
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City Manager Ledbetter hands the gavel to the Mayor and he/she will run the selection of the Yreka Mayor Pro Tempore.
Nominations for Mayor were received by City Manager Jason Ledbetter. Drake Davis nominated Colleen Baker. Colleen Baker nominated Corey Middleton.
Colleen Baker as nominee for Mayor: Roll call vote, Baker yes, Davis yes, McCoy no, Middleton no, Kegg no.
Corey Middleton as nominee for Mayor: Roll call Davis no, Kegg yes, McCoy yes, Middleton yes, Baker yes. e. Mayor Pro Tempore of Yreka Selection -
Process: Selected Mayor opens the floor for nominations. • Mayor takes nominations in the order they are received. • Nominations do not require a second.
• Even upon the receipt of one nomination additional nominations can be made. • Please note any Councilmember can nominate themselves. • Multiple nominations are acceptable and will be voted in the order they were received.
Mayor closes the floor for nominations for the position of Mayor Pro Tempore of Yreka.
Mayor asks for the Council vote (by roll call) on each nomination in the order received. The first nominee to receive a majority vote will be the new Mayor Pro Tempore of Yreka for a two-year term.
Mayor Pro Tempore nominations; Councilmember Kegg for Paul McCoy, Middleton nominated Colleen Baker.
Roll call vote for Paul McCoy: Davis yes, Baker no, Middleton no, Kegg yes, McCoy yes (Majority vote, no action was taken for the second nominee Ms. Colleen Baker).
Based on the Council vote the new Mayor Pro Tempore of Yreka is announced. The Mayor Pro Tempore takes a seat to the right of the Mayor at the dais.
The incoming Mayor Pro Tempore and Mayor may make additional remarks.
Return to New Business matters.
City Manager
f. Agenda Title: Calendar of 2023 City Council Meetings Recommended City Council Action: Motion to Approve Resolution 2022-54 Approving the 2023 City Council Meeting schedule.
Public Comment: None
Motion to Approve Resolution 2022-54 Approving the 2023 City Council Meeting schedule.
MOTIONED: Councilmember Kegg
SECONDED: Councilmember Baker
AYES: Councilmembers Davis, Baker, Kegg, McCoy, Middleton NOES: None
ABSENT: None
14. MAYOR/COUNCILMEMBERS REPORTS
AB 1234* Conference and Meeting Report (verbal, if any) *(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)
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15. CITY MANAGER/STAFF REPORTS:
City Manager and Staff may make brief announcements or reports at this time.
City Manager updated City Council on the warming center.
16. COUNCILMEMBER STATEMENTS AND REQUESTS:
Members of the Council may make brief announcements, reports, or request staff to report to Council on any matter at a subsequent meeting.
ADJOURNMENT
There being no more business the City Council meeting adjourned at 10:10 p.m.
____________________
Corey Middleton, Mayor
Minutes approved by City Council,
Motion December 20, 2022
______________________
Rhetta Hogan, City Clerk
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