HomeMy WebLinkAboutcc min 2019/11/19 City of Chula Vista
(low Meeting Minutes - Final
Tuesday,November 19,2019 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 5:00 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 Attorney Googins, City Clerk Bigelow, and Assistant City Clerk
Turner
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Galvez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 19-0520 PRESENTATION AND SPECIAL RECOGNITION OF EASTLAKE
CHURCH FOR ITS "I HEART CHULA VISTA" COMMUNITY SERVICE
WEEKEND IN THE CITY OF CHULA VISTA
Public Works Director Quinlantan gave a presentation on the item. She and Councilmember McCann
recognized Eastlake Church. Pastor Freddy Vargas accepted the recognition on behalf of Eastlake
Church.
B. 19-0539 PRESENTATION OF A PROCLAMATION PROCLAIMING NOVEMBER
30, 2019 AS SMALL BUSINESS SATURDAY IN THE CITY OF CHULA
VISTA
Mayor Casillas Salas read the proclamation. Deputy Mayor Padilla and Councilmember Diaz presented the
proclamation to Luanne Hulsizer, representing the Third Ave Village Association, and Lisa Cohen,
representing the Chula Vista Chamber of Commerce.
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City Council Meeting Minutes-Final November 19,2019
CONSENT CALENDAR (Items 1 - 3)
1. 19-0541 A. ORDINANCE NO. 3467 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA BUILDING CODE, 2019 EDITION (SECOND
READING AND ADOPTION)
B. ORDINANCE NO. 3468 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION (SECOND
READING AND ADOPTION)
C. ORDINANCE NO. 3469 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA REFERENCED STANDARDS CODE, 2019 EDITION
(SECOND READING AND ADOPTION)
D. ORDINANCE NO. 3470 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2019
EDITION (SECOND READING AND ADOPTION)
E. ORDINANCE NO. 3471 OF THE CITY OF CHULA VISTA ADOPTING
CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA EXISTING BUILDING CODE, 2019 EDITION
(SECOND READING AND ADOPTION)
F. ORDINANCE NO. 3472 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA MECHANICAL CODE, 2019 EDITION (SECOND
READING AND ADOPTION)
G. ORDINANCE NO. 3473 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA ELECTRICAL CODE, 2019 EDITION (SECOND
READING AND ADOPTION)
H. ORDINANCE NO. 3474 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA ENERGY CODE, 2019 EDITION (SECOND READING
AND ADOPTION)
I. ORDINANCE NO. 3475 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA PLUMBING CODE, 2019 EDITION (SECOND
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City Council Meeting Minutes-Final November 19,2019
READING AND ADOPTION
J. ORDINANCE NO. 3476 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING
THE CALIFORNIA FIRE CODE, 2019 EDITION (SECOND READING
AND ADOPTION)
2. 19-0458 RESOLUTION NO. 2019-210 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO THE TREE
MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY AND
WEST COAST ARBORIST, INC FOR ADDITIONAL CITY-WIDE TREE
MAINTENANCE SERVICES
3. 19-0507 RESOLUTION NO. 2019-211 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, WAIVING BID IRREGULARITIES,
AND AWARDING THE CONTRACT FOR THE COMBINED
ADVERTISEMENT OF THE "RMRA MAJOR PAVEMENT
REHABILITATION FISCAL YEAR 2018/19 (STM0396)" AND "ORANGE
PARK PARKING LOT IMPROVEMENTS (PRK0335)" PROJECTS TO
EAGLE PAVING COMPANY INC.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Diaz, to approve staffs 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
There were none.
PUBLIC COMMENTS
The following individuals expressed concern regarding the traffic caused by the Soapy Joe's Car Wash in
the area of Lynwood Dr. and Bonita Rd.:
-Mr. Shinn, Chula Vista resident
-Larry Williams, Chula Vista resident, submitted written documentation and he also spoke on behalf of
Sue Williams and Steve Balboni
-Cliff Bell, Chula Vista resident
Steve Hicks, National City resident, spoke in opposition to the Drag Queen Story Time Program.
The following members of the public submitted written documentation in opposition to the Drag Queen
Story Time program, but declined or were not present to speak:
-Tony Mendiola, San Diego resident
-Sheila Lujan, Chula Vista resident
-Irene Geyer, Chula Vista resident
-Trevor Averell
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-Pat Bradley
-William Steffy, Chula Vista resident
-Eli Kornai, San Diego resident
-Matt Hardy
-Hector Gastelum, Chula Vista resident
Sandy Soto, Chula Vista resident, submitted written documentation and declined to speak.
Becky Rapp expressed concern regarding youth use of marijuana and she spoke in support of
enforcement of marijuana advertising regulations.
Adam Sparks, Chula Vista resident, spoke regarding street vendor compliance with health and safety
laws.
PUBLIC HEARINGS
4. 19-0385 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE CHAPTER 14.18, FLOODPLAIN REGULATIONS, TO
INCORPORATE VARIOUS ADMINISTRATIVE REVISIONS NECESSARY
FOR THE CITY TO REMAIN IN COMPLIANCE WITH THE CODE OF
FEDERAL REGULATIONS AND REMAIN IN THE NATIONAL FLOOD
INSURANCE PROGRAM (FIRST READING)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Casillas Salas opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to place the above ordinance on first reading, heading read, text
waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
5. 19-0512 RESOLUTION NO. 2019-212 OF NECESSITY OF THE CITY OF CHULA
VISTA TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN
REAL PROPERTY BY EMINENT DOMAIN FOR E STREET EXTENSION
AND TEMPORARY ACCESS FOR CONSTRUCTION OF ROAD AND
WALL (4/5 VOTE REQUIRED)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Real Property Manager Ryals gave a presentation on the item.
Mayor Casillas Salas opened the public hearing.
Dinah lillier, representing SDG&E, spoke in opposition to the terms presented and submitted a written
statement for the record.
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City Council Meeting Minutes-Final November 19,2019
City Attorney Googins, Deputy City Attorney McDonnell, and Director of Economic Development Crockett
clarified the findings and answered questions from the Council.
There being no further members of the public who wished to speak, Mayor Casillas Salas closed the
public hearing.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to adopt Resolution No. 2019-212, heading read, text waived. The motion
carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
6. 19-0440 CONSIDERATION OF DESIGNATING AND SETTING ASIDE CERTAIN
CITY-OWNED REAL PROPERTY CURRENTLY KNOWN AS MOSS
STREET, ALPINE AVENUE, AND NAPLES STREET FOR FIRE
STATION PURPOSES
A. RESOLUTION NO. 2019-213 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN
CITY-OWNED REAL PROPERTY CURRENTLY KNOWN AS MOSS
STREET FOR FIRE STATION PURPOSES
B. RESOLUTION NO. 2019-214 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN
CITY-OWNED REAL PROPERTY CURRENTLY KNOWN AS ALPINE
AVENUE FOR FIRE STATION PURPOSES
C. RESOLUTION NO. 2019-215 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN
CITY-OWNED REAL PROPERTY CURRENTLY KNOWN AS NAPLES
STREET FOR FIRE STATION PURPOSES
D. RESOLUTION NO. 2019-216 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING REAL PROPERTY AGREEMENTS
WITH MR. ALDO MORENO, MR. PAUL ARREDONDO, AND SAN DIEGO
COUNTRY CLUB, INC.
E. RESOLUTION NO. 2019-217 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REMOVAL OF STOP CONTROL
ON THE NAPLES STREET APPROACHES AT THE INTERSECTION OF
NAPLES STREET AND FIRST AVENUE AND TO ACCORDINGLY
AMEND SCHEDULE II OF THE REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER
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City Council Meeting Minutes-Final November 19,2019
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Director of Engineering Valle, Senior Civil Engineer Salsman, Fire Chief Geering, Deputy Fire Chief Peter,
Lead Architect Christy Hanson from JKA Architecture, and Senior Civil Engineer Oberbauer gave a
presentation on the item.
Staff answered questions from the Council.
Mayor Casillas Sa/as opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas Sa/as closed the public
hearing.
Council discussion ensued.
ACTION: A motion was made by Councilmember Diaz, seconded by Councilmember
Galvez, to adopt Resolution Nos. 2019-213 through 2019-217, headings read, text
waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
7. 19-0538 CONSOLIDATED PUBLIC HEARING TO CONSIDER FORMATION OF
THE CHULA VISTA BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT AND TO INCUR A BONDED INDEBTEDNESS OF SUCH
DISTRICT AND ASSOCIATED ACTIONS
A. RESOLUTION NO. 2019-218 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDED AND RESTATED
REVENUE SHARING AGREEMENT BY AND BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT (CHULA
VISTA BAYFRONT RESORT HOTEL AND CONVENTION CENTER AND
RELATED PUBLIC INFRASTRUCTURE)
B. RESOLUTION NO. 2019-219 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A JOINT COMMUNITY FACILITIES
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO UNIFIED PORT DISTRICT (CHULA VISTA BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT)
C. RESOLUTION NO. 2019-220 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA FORMING AND ESTABLISHING THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT AND AUTHORIZING
SUBMITTAL OF THE LEVY OF SPECIAL TAX WITHIN THE BAYFRONT
PROJECT SPECIAL TAX FINANCING DISTRICT TO THE QUALIFIED
ELECTORS OF SUCH DISTRICT Ij
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City Council Meeting Minutes-Final November 19,2019
D. RESOLUTION NO. 2019-221 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, DEEMING
IT NECESSARY TO INCUR A BONDED INDEBTEDNESS OF SUCH
DISTRICT
E. RESOLUTION NO. 2019-222 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, CALLING
A SPECIAL MAIL BALLOT ELECTION AND SUBMITTING TO THE
QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE
PROPOSITIONS TO AUTHORIZE THE LEVY OF SPECIAL TAXES
THEREIN, TO AUTHORIZE SUCH DISTRICT TO INCUR A BONDED
INDEBTEDNESS SECURED BY THE LEVY OF SPECIAL TAXES
THEREIN AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH
DISTRICT
Assistant Director of Development Services Allen gave a presentation on the item. She, Warren Diven,
and Elizabeth Alonso, representing the Port of San Diego, responded to questions of the Council.
ACTION: A motion was made by Councilmember Galvez, seconded by Councilmember
McCann, to adopt Resolution No. 2019-218(Item 7A), heading read, text waived.
The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Casillas Salas opened the public hearing.
There being no members of the public who wished to speak, Mayor Casillas Salas closed the public
hearing.
City Clerk Bigelow announced that no protests had been received related to the item.
ACTION: A motion was made by Councilmember Galvez, seconded by Councilmember
McCann, to adopt Resolution Nos. 2019-219(Item 713) through 2019-222(Item 7E),
headings read,text waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
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City Council Meeting Minutes-Final November 19,2019
ACTION ITEMS
8. 19-0502 PRESENTATION ON THE UTILITY UNDERGROUNDING PROGRAM
Director of Engineering Valle gave a presentation on the item and answered questions of the Council.
Councilmember Galvez spoke in support of prioritizing projects in District 2.
Mayor Casillas Salas suggested taking various factors into consideration when reprioritizing projects and
offered a workshop to identify priorities.
City Manager Halbert stated that funds could only be used on eligible streets.
Deputy Mayor Padilla requested information on the types and capacities of certain lines and he also
requested an update regarding working with developers to either leverage financing or apply financing
derived from revenues associated with the Bayfront development.
Councilmember Diaz spoke in support of prioritizing undergrounding the poles on the west side of Chula
Vista.
Council discussion ensued.
9. 19-0466 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING
SEPTEMBER 30, 2019
B. RESOLUTION NO. 2019-223 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2019/20 BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
C. RESOLUTION NO. 2019-224 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FISCAL YEAR 2019/20 CIP
PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT,
SWR0317 "BAYFRONT RV LLC SEWER IMPROVEMENTS"; AND
APPROPRIATING $390,000 FROM THE AVAILABLE BALANCE OF THE
SEWER INCOME FUND TO SWR0317 THEREFOR (4/5 VOTE
REQUIRED)
Finance Director Bilby and Budget&Analysis Manager Prendell gave a presentation on the item.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Padilla, to accept the report, and adopt Resolution Nos. 2019-223 and 2019-224,
headings read,text waived.The motion carried by the following vote:
Yes: 5- Diaz, Galvez, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
J
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CITY MANAGER'S REPORTS
Marketing & Communications Manger Steinberger reported that the City of Chula Vista is the first city in
the State of Califomia to be certified as a Welcoming City.
MAYOR'S REPORTS
Mayor Casillas Sa/as reported on hosting the MANA de San Diego event with National City Mayor
Alejandra Sotelo-Solis, as well as representatives from Assemblywoman Lorena Gonzalez's Office and
Congressman Juan Vargas' Office in the Council Chambers. She congratulated the new Citizens' Police
Academy graduates and commended the Chula Vista Police Department.
COUNCILMEMBERS' COMMENTS
Councilmember McCann spoke regarding his tour of the new tower at Sharp Chula Vista with the Chula
Vista Chamber of Commerce and thanked Sharp for investing in the community.
Deputy Mayor Padilla reported his attendance at the Chula Vista Veteran's Day Memorial Bowl and the
opening of Sesame Place. He thanked the City of Chula Vista employees.
Councilmember Diaz spoke on the illegal cannabis businesses in Chula Vista.
Council discussion ensued.
Councilmember Galvez supported the permitted cannabis businesses using their legal recourse to
address the illegal cannabis businesses.
At the request of Councilmember Diaz and Mayor Casillas Salas, there was consensus of the Council to
direct staff to investigate adding staff to the City Attorney's Office and the Special Investigations Unit to
address the illegal cannabis businesses.
Councilmember Galvez reported on her attendance at the Chula Vista's Library reveal of the Bayfront
Harbor Park and Sweetwater Park and expressed her excitement. She congratulated the Welcoming
Cities subcommittee on their acknowledgement. She also spoke on the upcoming ribbon cutting at the
San Ysidro Port of Entry and wished everyone a Happy Thanksgiving.
CITY ATTORNEY'S REPORTS
City Attorney Googins informed the Council of the upcoming Measure A meeting at which there would be a
proposal for funding of the Paralegal and Investigator positions identified for the Neighborhood Protection
Unit to assist in prosecuting the illegal cannabis businesses.
10. 19-0517 REPORT ON STATE LAW SB 922 (SUPPORTING PROJECT LABOR
AGREEMENTS) AND CHULA VISTA MUNICIPAL CODE CHAPTER
2.59, "FAIR AND OPEN COMPETITION IN CONTRACTING"
PROHIBITING PROJECT LABOR AGREEMENTS, AND POSSIBLE
BALLOT INITIATIVE OPTIONS TO ADDRESS LEGAL
INCONSISTENCIES BETWEEN THE TWO
City Attorney Googins gave a presentation on the item.
Council discussion ensued.
Hector Gaste/um, representing the Coalition for Fair Employment in Construction, spoke in opposition to
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City Council Meeting Minutes-Final November 19,2019
the Council placing an item on the ballot.
Council discussion ensued.
ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember
Galvez, to direct the Mayor, Deputy Mayor Padilla and City Attorney Googins to
draft a ballot measure that: eliminates any inconsistencies between state law
and CVMC 2.59, removes ambiguities about the City's ability to access state
infrastructure funds, restores the City's discretion over the use of project labor
agreements, contains all the taxpayer's protections, state laws, and other best
practices, and includes language about penalties and transparency. The motion
was carried by the following vote:
Yes: 4- Diaz, Galvez, Padilla and Casillas Salas
No: 1 - McCann
Abstain: 0
CLOSED SESSION
City Attorney Googins announced that the Council would convene in closed session to discuss Item 11.
Mayor Casillas Salas recessed the meeting at 8:15 p.m. The Council reconvened in closed session at
8:22 p.m. with all members present.
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.
11. 19-0544 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 54956.8
Property: Assessor Parcel Number(APN) 643-060-57-00
1755-85 Millenia Avenue, Chula Vista, CA 91915
Agency Negotiators: Gary Halbert and Eric Crockett
Negotiating Parties: City of Chula Vista and Chesnut Properties
Under Negotiation: Price and Terms of Payment for Acquisition
ACTION: No reportable action.
ADJOURNMENT
The meeting was adjourned at 8:40 p.m..
Minutes prepared by:Leah Larrarte, Deputy City Clerk
'l
Kerry K igelow, C, City Clerk
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