HomeMy WebLinkAboutCD Temporary Code Enforcement Services____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-3-549
Council Meeting: 12/18/2017
Disposition: Resolution 14431
Agenda Item No: 4.c
Meeting Date: December 18, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Paul A. Jensen
Community Development Director
City Manager Approval: ______________
TOPIC: TEMPORARY CODE ENFORCEMENT SERVICES
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENT FOR TEMPORARY CODE
ENFORCEMENT SERVICES WITH CSG CONSULTANTS, INC. WITH A NOT-TO-
EXCEED BUDGET AMOUNT OF $125,000.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager
to execute a Professional Service Agreement for temporary Code Enforcement services.
BACKGROUND:
Several months ago, one of our Code Enforcement Officers moved on to a new enforcement job with
the City of Brentwood. Consequently, the Code Enforcement Division currently has a Code
Enforcement Officer I position that is vacant. The FY 17/18 budget authorizes a staff for the Code
Enforcement Division of three Code Enforcement Officers and one Senior Code Enforcement
Supervisor. The Senior Code Enforcement Supervisor (Supervisor) position is a new position that
was just approved with the FY 17/18 budget. The City has conducted a recruitment for this position
and just recently made a conditional offer to a candidate.
Given that there will be a new Supervisor for the Division that will be hired shortly, it is prudent to
temporarily fill the Code Enforcement Officer I vacancy with contract staff until this vacancy is filled.
The contract staff will provide service needs while the Supervisor becomes familiar the Division
operation and workload. The additional time will also give the Supervisor the opportunity to recruit
and hire a candidate that is appropriate for the Division needs.
Staff has secured a proposal for temporary Code Enforcement Services from CSG Consultants, Inc.
(CSG); CSG is also our current contractor that administers and manages the massage business
enforcement program. As noted above, during the anticipated recruitment periods for the currently
vacant position, CSG would provide assistance for the day-to-day functions of the Code Enforcement
Division.
ANALYSIS:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
With the recent Code Enforcement Officer I vacancy, the Code Enforcement Division will need
additional support to respond to complaints about various code matters. The Housing Inspection
Program (HIP) is the major function of the Code Enforcement Division, as most of the Division’s
funding is derived from the fees taken in from apartment buildings. However, aside from the HIP,
which is staffed by two of the three budgeted officers, the City receives over 350 public complaints
annually about a variety of code enforcement matters, ranging from illegal units, fences, signs,
overgrown weeds on private property and other nuisances.
During the period of this vacancy, the Division will need assistance to absorb some of the public
complaints. Therefore, the contract services would provide an interim solution to assist the Division in
absorbing the case load. The contract is proposed to be for one year (with an option to extend an
additional six months) for a total budget amount of not-to-exceed $125,000. This contract cost is less
than the full salary and benefit budgeted for this vacant position.
As noted above, CSG administers our massage business enforcement. CSG staff is knowledgeable
of and familiar with the City of San Rafael and community issues. Therefore, no front end training on
City practices and protocols is necessary. Lastly, the hourly billing rates that are proposed are
reasonable and comparable to hourly rates charged by other professional consultants.
FISCAL IMPACT:
Execution of the Professional Services Agreement would not result in a significant fiscal impact to the
City. Salary savings will cover the charges for the on-going Code Enforcement Services. Therefore,
this new contract will be funded by existing appropriations. The vacant Code Enforcement Officer I
position is authorized in the budget for $93,000/year or $150,000 for one and one-half years (salary +
benefits). The proposed contract to temporarily fill this vacancy does not exceed this amount. Once
an officer is hired, the consultant services will cease.
RECOMMENDED ACTION:
Adopt Resolution
ATTACHMENT:
1. City Council Resolution, with attached Professional Services Agreement with CSG for Code
Enforcement Services
1 ATTACHMENT 1
RESOLUTION NO. 14431
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE
TEMPORARY CODE ENFORCEMENT SERVICES
(Term of Agreement: up to 1 year, with a six month extension for a total budget amount not
to exceed $125,000)
WHEREAS, the City of San Rafael has determined that temporary code enforcement
services are needed to provide support to the Code Enforcement Division of the Community
Development Department during recruitment for recently vacated Code Enforcement Officer I/II
position within the Division; and
WHEREAS, at the City’s request, CSG Consultants, Inc (CSG) has submitted a
Proposal Supplement – Code Enforcement Services, dated November 27, 2017,
including a list of the hourly rates for performance of these services, and said proposal is
attached to the Agreement for Professional Services; and
WHEREAS, the costs associated with the CSG’s interim professional Code Enforcement
services would be paid for from the salary savings from vacant position within the Code
Enforcement Division; and
WHEREAS, CSG has currently and previously performed Code Enforcement work for
the City of San Rafael in a satisfactory manner and has familiarity with the City’s regulations,
procedures and processes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Rafael does hereby authorize the City Manager to execute, on behalf of the City, an Agreement
for Professional Code Enforcement Services with CSG Consultants, Inc., in the form attached
hereto, subject to final approval as to form by the City Attorney.
I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the City Council of the
City of San Rafael, held on Monday, the 18th of December, 2017, by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
_____________________________
Esther C. Beirne, City Clerk
Exhibit A Agreement for Code Enforcement Services for Professional Code Enforcement Staffing
Services between City of San Rafael and CSG Consultants, Inc, with attached Proposal
Supplement – Code Enforcement Services, dated November 27, 2017.
AGREEMENT FOR PROFESSIONAL SERVICES
FOR PROFESSIONAL CODE ENFORCEMENT STAFFING SERVICES
(Gf "It' .20 I =7-
This Agreement is made and entered into this _ day of i>eteHPt:f't, , by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and CSG Consultants, Inc. (hereinafter
"CONTRACTOR").
RECITALS
WHEREAS, due to a recent vacancy in the Code Enforcement Division and given the
current workload of staff and the pace of code enforcement complaints, the CITY has detenruned
that professional code enforcement services are needed to supplement existing staffing during the
timeframe necessary to complete recruitments for a vacant position within the Code Enforcement
Division.
AGREEMENT
NOW, THEREFORE, the pruties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. The Planning Manager, Raffi Boloyan is hereby
designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall
supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONTRACTOR Robert Cushing is hereby designated as the PROJECT
DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the
execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the
CONTRACTOR shall notify the CITY within ten (l0) business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as follows:
It is expected that CONTRACTOR will provide one consistent code enforcement officer to
serve for the duration of the time needed for an average of 15-20 hours a week for general code
enforcement. Work in excess of a total of 20 hours a week shall require plior authorization of the
Project Manager;
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perfOlm the duties as
follows:
a) Provide work space for CONTRACTOR, b) provide general direction and support to
CONTRACTOR; c) provide legal assistance to develop administrative enforcement cases;
and d) provide Police Department escort or backup if needed and necessary.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR, CITY shall
pay CONTRACTOR for the hours of work at the hourly rates, and for the authorized expenses, as
specified in Exhibit "A", in a total anlount not to exceed $137,500.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized
invoices submitted by CONTRACTOR.
5. TERM OF AGREEMENT.
The term of this AgTeement shall be for 1 year, commencing on January 1,2018 and ending
on December 31, 2018. Upon mutual agreement of the parties, and subject to the approval of the
City Manager, the term of this Agreement may be extended for an additional period of six (6)
months, if the total budget authorized by this agreement has not been exceeded and the City decides
to continue using contract services to fill the vacancy.
6. TERMINATION.
A. Discretionary. Either party may telminate this Agreement without cause upon
thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may temlinate tlus Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other pruiy, and the notified party's failure to
cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such
notice, witllin such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the pelionnance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty (30) days after tennination.
7. OWNERSHIP OF DOCUMENTS.
The written docunlents and materials prepared by the CONTRACTOR in connection with
the peliormance of its duties under this Agreement, shall be the sole propeliy of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
2
8.
Upon reasonable notice,
inspection and audit, all
available to CITY, or its agent, for
U<ll11lallll.,U by CONTRACTOR in connection
with its performance of its duties
with CITY or its agent in any audit or mSpe(~tlcm
9.
The parties that they shall not
performance of any of their res1pectn
the other party, and any att€~mlpt
arising hereunder shall
10.
A. Scope of Coverage.
maintain, at no expense to the
1. A
one million dollars ($1,000,000)
death, bodily injury, personal injury, or ",,.n,,,,,,,,,""
CONTRACTOR shall fully cooperate
greement nor the
consent of
or obligations
CONTRACTOR shall
in minimum amount of
($2,000,000) aggregate, for
2. An automobile liability (owned, non-owned, hired vehicles) insurance
occunence. policy in the minimum amount of one million ($1,000,000)
3. If it
compensation insurance, as required by
employer's liability insurance with of no
accident for bodily injury or disease. CONTRACTOR's
be specifically endorsed to waive any right of
B. Other Insurance Requirements.
CONTRACTOR m
requirements:
1. Except for professional liability
insurance, the insurance policies shall
agents, employees, and volunteers, as additionally
operations) under the policies.
2.
policies shall be primary with ""''''Y'''f'T
not call upon CITY's insurance or
noncontributory" coverage in CONTRACTOR'S
CG20 0413.
3
shall maintain worker's
with statutory limits, and
one million dollars ($1,000,000) per
shall
required of the
meet the following
3.
insurance, the insurance
contractual liability
CITY a waiver of
against CITY by
agrees to obtain
this provision applies
endorsement from the insurer.
5.
termination of this
five years.
6.
If Insurance IS
coinciding with the effective date of this
7. The limits
or worker's compensation
text or by endorsement, coverage for
subrogation,
a waiver of subrogation
on a Claims Made Form, then, following
shall survive for a period of not less than
a reh'oactive date of placement
combination of primary and umbrella or excess
in this Agreement may be satisfied by a
Any umbrella or excess insurance shall
shall also apply on a primary and contain or be endorsed to a
noncontributory basis for the benefit of
before CITY'S own insurance or
insured.
8. It shall a
proceeds broader than or in excess
and/or limits shall be available to
requirements for
Agreement; or (2) the I"'Ir"''';'I1,~r "'''!F'r,;",p
proceeds available to
(if to in a written contract or agreement)
l.UaJu"'..... shall be called upon to protect it as a named
this Agreement that any available insurance
U ..... "',lU .... U minimum insurance coverage requirements
additional insured party. Furthelmore, the
coverage and limits specified in this
limits of coverage of any insurance policy or
or self-insured retentions in
approved by the PROJECT
of liability. Policies containing any
to provide that the SIR be
"'~""'.U'''''H'''' insured party. At CITY's
shall be reduced or vH),HH'<LL'_,-,
a bond guaranteeing
attorney's fees and defense expenses.
D. Proof
MANAGER or
evidencing the
declaration page and/or
general liability policy,
CONTRACTOR shall provide to the
Attorney all of the following: (1) Certificates of
I'lnrpr'!>lIYP required in this Agreement; (2) a copy of the policy
page listing all policy endorsements for the commercial
4
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shaH be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the
fullest extent permitted by law, indenmify, release, defend with counsel approved by CITY, and
hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its
obligations or conduct of its operations under this Agreement. The CONTRACTOR's
obligations apply regardless of whether or not a liability is caused or contributed to by the active
or passive negligence of the City Indemnitees. However, to the extent that liability is caused by
the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance or approval
of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from CONTRACTOR'S performance of or operations under this
Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S
option reimburse the City Indemnitees their costs of defense, including reasonable attomeys'
fees, incurred in defense of such claims.
B. Where the services to be provided by CONTRACTOR under this Agreement are
design professional services to be performed by a design professional as that term is defined
under Civil Code Section 2782.8, CONTRACTOR shaH, to the fullest extent permitted by law,
indemnify, release, defend and hold hannless the City Indemnitees from and against any
CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of CONTRACTOR in the performance of its duties and obligations under this
Agreement or its failure to comply with any of its obligations contained in this Agreement,
except such CLAIM which is caused by the sole negligence or willful misconduct of CITY.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
oftime allowed by law.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
perfonnance of its duties and obligations under this Agreement.
5
13.
14.
any third patty, any or
Agreement, to the other paIty.
15.
All notices and other
Agreement, including any notice of
delivery, or deposited with the
parties intended to be notified. Notice shall
if mailed, upon the date
follows:
TO CITY's Project Manager:
TO CONTRACTOR's Project
16.
For the purposes, and for the duration,
agents and employees shall act in the capacity
the CITY. CONTRACTOR and
CONTRACTOR, its
that of an employee CITY.
6
gmemc;nt, to create in
conditions of this
gIVen under this
and given by personal
addressed to the
personal delivery, or
Notice shall be given as
... .,LL.ULI5, Code Enforcement Manager
not
17.
terms and conditions of this Agreement, all
reference, represent
Agreement.
written Agreement shall supersede any
subject matter between the CONTRACTOR
No other agreement, promise or
all documents
respect to the
greemems, oral or written,
or to the subject
matter this Agreement, shall be valid or binding, except a written amendment to this
a
18.
19,
this
20.
telms conditions of this Agreement shall not except
<>rnpn,;n,,"'nt to this Agreement signed by ",..'...--.'n
any conflicts arise between the terms Agreement, and the
conditions of the attached exhibits or the documents AV." ... "",I> n""', ...... "' ... "T •• " by reterenc:e,
Agreement shall control.
that CITY may
Agreement, any monies which
contract or resolution for any unpaid
amounts.
to
by either party of any breach or violation of any term, covenant or condition of
or of any ordinance, law or regulation, shall not be "'''''';AU'''
condition, ordinance, law or regulation, or
same or other term, covenant, condition, ordinance,
by either party of any fee, performance, or
under this Agreement, shall not be deemed to a
Av"ns,",'u by the other party of any term, condition, covenant
or regulation.
in any action brought to enforce the terms
of this
7
CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONTRACTOR has provided CITY with a
completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and
Certification) .
22. APPLICABLE LAW.
The laws of the State ofCalifomia shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
ager
ATTEST:
/.z.g 1-hJz-c-, ~ R L 4 1
ESTHER C. BEIRNE, City Clerk
CONTRACTOR
BY: __ ~--4--f.~ _____ _
Title: P8E5I{)EJ{[
8
Compensation Rate Sheet
Services are billed on a time and materials basis according to CSG's hourly rates, shown below.
r' CSG
CONSULTANTS
PERSONNEL I SERVICES ALL INCLUSIVE HOURLY RATE
Code Enforcement Manager
Senior Code Enforcement Officer / Related Support Personnel
Code Enforcement Officer
Counter Technician
$125
$110
$100
$65
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation
Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicated in the table
above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CP/-W for
the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the
previous month.
550 Pilgrim Drive, Foster City, CA 94404
phone (650) 522-2500 I fax (650) 522-2599 I www.csgengr.com
Exhibit A
Compensation Rate Sheet
Services are billed on a time and materials basis according to CSG's hourly rates, shown below.
r' CSG
CONSULTANTS
PERSONNEL I SERVICES ! ALL INCLUSIVE HOURLY RATE
Code Enforcement Manager
Senior Code Enforcement Officer / Related Support Personnel
Code Enforcement Officer
Counter Technician
I
$125
$110
$100
$65
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation
Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicoted in the table
above. On each anniversary of the contract start date, CSG will initiate a rate increase based on change in CPI-W for
the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the
previous month.
550 Pilgrim Drive, Foster City, CA 94404
phone (650) 522-2500 I fax (650) 522-2599 I www.csgengr .com
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Community Development
Project Manager: Raffi Boloyan
Extension: 3095
Contractor Name: CSG Consultants Inc.
Contractor's Contact: Robert Cushing
Contact's Email: robertc@csgengr.com
01 FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE DESCRIPTION
DEPARTMENT
1 Project Manager a. Email PINS Introductory Notice to Contractor
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3 Project Manager Forward three (3) originals of final agreement to
contractor for their signature
4 Project Manager When necessary, * contractor-signed agreement
agendized for Council approval
*PSA> $20,000; or Purchase> $35,000; or
Public Works Contract> $125,000
Date of Council approval
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager Forward signed original agreements to City
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PII'JS, and bonds
(for Public Works Contracts)
8 City Manager / Mayor Agreement executed by Council authorized official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
COMPLETED
DATE
11/16/2017
11/16/2017
12/1/2017
11/29/2017
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12/18/2017
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REVIEWER
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Y:B-
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Paul Jensen Date of Meeting: 12/18/2017
Department: Community Development
Topic: Professional Service Agreement for Temporary Code Enforcement Officer
Subject: Resolution Authorizing the City Manager to Execute PSA for Code Enforcement Services
Type: (check all that apply) ☐ Consent Calendar ☐ Public Hearing
☐ Discussion Item ☒ Resolution ☐ Ordinance
☒ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☐ Yes ☒No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY
noon
12/1
Director Director approves staff
report is ready for ACM,
City Attorney & Finance
review.
12/1/2017
☒
PJ
CONTENT REVIEW
MONDAY
morning
12/4
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will review items,
make edits using track
changes and ask questions
using comments. Items will
be returned to the author
by end of day Wednesday.
12/7/2017
12/5/2017
12/4/2017
☒
RW
☒
LG
☒
MM
DEPARTMENT REVISIONS
FRIDAY
noon
12/8
Author Author revises the report
based on comments
receives and produces a
final version (all track
changes and comments
removed) by Friday at
noon.
12/7/2017
☒
RS for RB
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
morning
12/11
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will check to see
their comments were
adequately addressed and
sign-off for the City
Manager to conduct the
final review.
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enter a date.
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TUES
noon
12/12
City Manager Final review and approval 12/13/2017 ☒
JS