AGENDA
CITY OF EL CENTRO
CITY COUNCIL
THURSDAY, DECEMBER 15, 2022
City Hall Reorganizational Meeting 5:00 PM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by December 15, 2022.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/87015017657?pwd=dS9HdnRLR2tvd0xTZHdHM2hyaEJmUT09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 870 1501 7657 Passcode: 865397
Public comments via zoom are subject to the same time limits as those in person.
The hosted reception is open to the public and it is not a mandatory event for City employees.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Tomás Oliva Interim City Manager: Cedric Ceseña
Mayor Pro-Tem: Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Sylvia Marroquin
Cheryl Viegas-Walker
5:00 P.M. OPEN SESSION
CALL TO ORDER:
ROLL CALL BY CITY CLERK:
Agenda City Council of the City of El Centro December 15, 2022 City of El Centro Page 2
PLEDGE OF ALLEGIANCE:
INVOCATION:
Invocation by Father Mark Edney.
PUBLIC COMMENTS:
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 5:25-5:30 NEW BUSINESS:
1. Adopt Resolution reciting the facts and declaring the results of the General Municipal Election held on November 8, 2022.
PRESENTATION: Norma Wyles, City Clerk
RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE
RESULT AND SUCH OTHER MATTERS PROVIDED BY LAW
5:30-6:45 RECOGNITION OF OUTGOING MAYOR TOMÁS OLIVA
2. Presentation of Mayor's Plaque by Mayor Pro-Tem Martha Cardenas-Singh to outgoing Mayor Tomás Oliva recognizing his service as Mayor for 2021-2022.
3. Comments from outgoing Mayor Tomás Oliva and Council Members.
4. Presentation of Album of Events by Interim City Manager Cedric Cesena, to outgoing Mayor Tomás Oliva for his year of service as Mayor.
5. Presentations to outgoing Mayor Tomás Oliva.
6:45-6:55 ADMINISTER OATH OF OFFICE BY CITY CLERK:
Council Member Oliva steps down from the dais and Council Member-elect Carter meets him at the front of the dais.
6. Administer Oath of Office and presentation of Certificates of Election by City Clerk Norma Wyles.
Agenda City Council of the City of El Centro December 15, 2022 City of El Centro Page 3
6:55-7:00 RECESS
Council Members Oliva and Carter sign their oaths and take their seats on the dais. 7:00-7:15 RECONVENE
7. Comments by incoming Council Member Oliva, Council Member Carter and Council Members.
UNFINISHED BUSINESS
8. Discussion and introduction of ordinance amending Chapter 16, Article XIV of the El Centro City Code related to Garage Sales
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:
Introduce Ordinance No. 22- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO REMOVE THE PERMIT FEE AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO ONE PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
9. Discussion and any necessary action regarding appointment to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2026.
PRESENTATION: Tomás Oliva, Mayor
RECOMMENDATION:
Mayor's Recommendation: Appointment to the Planning Commission to fill two scheduled vacancies with term ending October 3, 2026.
7:15-7:30 REORGANIZATION OF CITY COUNCIL:
City Clerk will preside over the selection of the new Mayor. All members of the City Council are now on equal basis to nominate.
10. City Clerk opens nominations for Mayor.
11. Newly selected Mayor assumes the Chair and opens nominations for Mayor Pro-Tem.
12. Closing comments by new selected Mayor.
Agenda City Council of the City of El Centro December 15, 2022 City of El Centro Page 4
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 12/15/22 05:00 PM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Elections
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
RESOLUTION (ID # 5776) DOC ID: 5776
Adopt Resolution reciting the facts and declaring the results of the General Municipal Election held on November 8, 2022.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT
AND SUCH OTHER MATTERS PROVIDED BY LAW
A Consolidated General Municipal Election was conducted in the City of El Centro on November 8, 2022 for the purpose of electing two (2) members of the City Council. The Imperial County Registrar of Voters has certified the results of the City of El Centro General Municipal Election held on November 8, 2022, and the results of the canvass of the votes cast determined that Tomás Oliva and Sonia Carter were elected to the El Centro City Council.
ATTACHMENTS:
• Final Resolution for Election 2022 (DOCX)
• Canvass (PDF)
• ResultsReports_Redacted (PDF)
1 Packet Pg. 5
12/2022/liz/A22/0245/Reso/Reciting_Facts_General_Election RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 8,2022, DECLARING THE RESULT
AND SUCH OTHER MATTERS AS PROVIDED BYLAW
WHEREAS, ageneralmunicipal electionwasheldandconducted intheCityofElCentro, California, on Tuesday, November 8, 2022, asrequired by law; and WHEREAS, noticeoftheelectionwasgivenintime,formandmanner asprovided bylaw; that candidates were nominated to fill the vacancy or vacancies as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner asrequired by the provisions oftheCharter and State law; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the resultstothisCityCouncil,the resultsare received, attached andmade aparthereofas Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO,
CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
I. Thatthewhole number of ballots castin the precinctsincluding provisional ballotswas 3,307;thatthewholenumberofvotesbymailvoterballotscastintheCitywas8,535makingatotal of 11,842, ballots cast in the City.
2. Thatthenamesofthe persons voted for atthe election forMember oftheCityCouncil are asfollows: Tomás Oliva, Sonia Carter,Jason Jackson,and Danielle Flores.
3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the personswere candidates aslisted in Exhibit "A" attached and made a part hereof.
4. TheCityCouncil doesdeclare anddetermine that:Tomás Olivawas elected asMember of the City Council for the full term of four years; Sonia Carter was elected as Member of the City Council for the full term of four years.
5. TheCityClerk shall enter on the records oftheCityCouncil oftheCity ofElCentro a statementoftheresultoftheelection,showing:(I) Thewholenumber ofballotscastintheCity;(2) The namesofthepersons votedfor;(3)Forwhatoffice each person was voted for;(4)The number ofvotesgivenateachprecincttoeach person;(5)The total number ofvotesgiventoeach person.
6. ThattheCityClerk shallimmediately makeanddelivertoeach ofthepersonsso elected aCertificate of Election signed by the City Clerk and authenticated; that the City Clerk shall alsoadministertoeachpersonelectedtheOathofOfficeprescribedintheConstitutionoftheState
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Attachment: Final Resolution for Election 2022 (5776 : Reciting the Facts of the General Municipal Election) 12/2022/liz/A22/0245/Reso/Reciting_Facts_General_Election of California and shall have them subscribe to it and file it in the office of the City Clerk.
Eachandallofthepersonssoelectedshallthenbeinductedintotherespectiveofficetowhichthey have been elected.
7. ThattheCityClerkshallcertifytothepassage andadoptionofthisresolutionandenter it into the book of original resolutions.
PASSEDANDADOPTEDataspecialmeetingoftheCityCounciloftheCityofElCentro, California heldonthe day of December 2022.
CITY OF EL CENTRO
ATTEST:
By _
NormaWyles,City Clerk
APPROVED AS TOFORM:
Office of the City Attorney
By _
ElizabethL.Martyn,CityAttorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )ss
CITYOFELCENTRO )
By _
Tomás Oliva, Mayor
I,Norma Wyles, City Clerk oftheCity of ElCentro, California, do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted at a special meeting of the City Council of the City of El Centro, California, held on the day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
NormaWyles, CityClerk
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Attachment: Final Resolution for Election 2022 (5776 : Reciting the Facts of the General Municipal Election) 12/2022/liz/A22/0245/Reso/Reciting_Facts_General_Election
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Attachment: Final Resolution for Election 2022 (5776 : Reciting the Facts of the General Municipal Election) 12/2022/liz/A22/0245/Reso/Reciting_Facts_General_Election
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Attachment: Final Resolution for Election 2022 (5776 : Reciting the Facts of the General Municipal Election)
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Attachment: Canvass (5776 : Reciting the Facts of the General Municipal Election) Candidate Party Vote by Mail Early Voting Election Day Total TOMÁS OLIVA 2,755 5 969 3,729 31.49%
SONIA CARTER 2,393 6 901 3,300 27.87%
JASON JACKSON 1,847 3 862 2,712 22.90%
DANIELLE FLORES 1,540 2 559 2,101 17.74%
Total Votes 8,535 16 3,291 11,842
Vote by Mail Early Voting Election Day Total
Times Cast 5,769 11 2,371 8,151 / 22,811 35.73%
Precincts Reported: 29 of 29 (100.00%)
El Centro City Council (Vote for 2)
Page: 14 of 19 11/30/2022 3:43:23 PM 1.c
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Attachment: ResultsReports_Redacted (5776 : Reciting the Facts of the General Municipal Election) City Council of the City of El Centro Meeting: 12/15/22 05:00 PM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Angel Hernandez
ORDINANCE (ID # 5793) DOC ID: 5793
Discussion and introduction of ordinance amending Chapter 16, Article XIV of the El Centro City Code related to Garage Sales
CITY MANAGER’S RECOMMENDATION:
Introduce Ordinance No. 22- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO REMOVE THE PERMIT FEE AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO ONE PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
FISCAL IMPACT:
To be determined
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 6: Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable
BACKGROUND:
On November 16, 2022, the Community Enhancement Task Force discussed the existing garage sale ordinance. Currently a garage sale permit is $20, except for the first permit issued within a calendar year. A person or premises currently is allowed to have up to four garage sales per year, no less than 45 days apart. From discussions with residents who apply for garage sale permits, there is a group of them that requested an increased number of garage sales per year and the possibility of a permit being issued without a fee. A permit currently allows garage sales on three sequential days.
DISCUSSION:
At the December 7, 2022, continued regular meeting, the Council considered a proposed ordinance which provided for one Saturday per month on which a free permit would be issued and allow up to 24 garage sales per year. After robust discussion, the Council directed revision of the current ordinance to provide that the permit fee would be terminated, that a permit would allow two sequential days for a garage sale, and that there could be up to one (1) garage sale per month for a total of up to twelve (12) year 8 Packet Pg. 12
Ordinance (ID # 5793) Meeting of December 15, 2022
per person or premises.
The City Attorney has prepared a revised draft ordinance for the consideration of the City Council that reflects such changes.
Existing Ordinance Proposed Ordinance
Maximum Number of
Garage Sales per Year
Four garage sales per year Twelve (12) garage sales
per year
Frequency of Garage
Sales
Garage sales dates must
be 90 days apart
Up to one (1) garage sale
per calendar month
Permit Costs $20 per permit; First permit
in a calendar year is free
No fee, but a permit is still
required
Duration of Garage
Sale
Up to three (3) consecutive
days
Up to two (2) consecutive
days
All other requirements and restrictions in the ordinance will remain unchanged. Garage sale permits are only issued to verified residents of El Centro. Residents still need to obtain a garage sale permit, are prohibited from the commercial sale of goods, and are limited to the number and location of signage.
In considering the proposed ordinance, staff is requesting the City Council to consider the following issues that would affect enforcement of the proposed ordinance and possible solutions:
In addition, for the convenience of customers and to free up staff, the Community Development Department will setup an online portal to apply for garage sale permits using MyGov, the city’s permit tracking software.
• Clarity - With any change in the regulations, there may be confusion on part of residents. Community Development staff will prepare public education posts on social media and at the Department counter at City Hall explaining the new ordinance.
• Code Enforcement - City staff conducts patrols of the city during the weekends for violations and unpermitted construction that may not occur during weekday business hours. During these weekend patrols, they visit every garage sale to verify compliance with garage sale regulations. An expansion of the number of garage sales may result in a greater number of garage sales to inspect.
CONCLUSION:
Introduce Ordinance No. 22- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO REMOVE THE PERMIT FEE AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO ONE PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
8 Packet Pg. 13
Ordinance (ID # 5793) Meeting of December 15, 2022
ATTACHMENTS:
• Exhibit A - Garage Sale Ordinance (DOCX)
8 Packet Pg. 14
12/2022/liz/A22-0243/Ordinance/Garage_Sales Page 1 of 2 ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16
“LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS”, ARTICLE XIV “GARAGE SALES”
SECTION 16-413 TO REMOVE THE PERMIT FEE AND TO
INCREASE THE MAXIMUM NUMBER OF GARAGE
SALES TO ONE PER MONTH
Section 1. The City Council of the City of El Centro finds as follows:
(a) A number of City residents depend upon the income from garage sales; and (b) It would assistsuch residentsto provide that garage sale permits are free and to increase the maximum number of garage sales to one per month; and (c) Garage sales still require a permit and compliance with the provisions of this ordinance in order to protect public health and safety.
Section 2. The City Council of the City of El Centro does ordain as follows:
Sec. 16-413. – “Limit on permits” is amended to read as follows:
(a) No more than one (1) permit per calendar month shall be issued to the same person or for the same premises.
(b) The total maximum number of garage sales which may be held by one person for the same premises is twelve (12).
(c) No permit shall be transferable to another person or to another premises. (d) There shall be no fee for such permit.
Sec. 16-414. - Days and hours of sale.
No permit shall be approved and no sale shall be conducted for more than two (2) consecutive days in any week. The sale shall not be conducted before 7:00 a.m. or after 7:00 p.m.
Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.
INTRODUCED at a continued regular adjourned meeting of the City Council of the City ofEl Centro, California, held on the day of December 2022.
PASSED AND ADOPTED at a regular meeting of the City Council of the City ofEl Centro, California, held on the day of , 2022.
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Attachment: Exhibit A - Garage Sale Ordinance (5793 : Garage Sale Ordinance) 12/2022/liz/A22-0243/Ordinance/Garage_Sales Page 2 of 2
CITY OF EL CENTRO
By
ATTEST: Tomas Oliva, Mayor
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 22- had its first reading on the day of December, 2022, and had its second reading on day of , 2022, and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
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Attachment: Exhibit A - Garage Sale Ordinance (5793 : Garage Sale Ordinance) City Council of the City of El Centro Meeting: 12/15/22 05:00 PM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
TABLED Department Head: Norma Wyles
ACTION ITEM (ID # 5761) DOC ID: 5761
Discussion and any necessary action regarding appointment to the Planning Commission to fill two scheduled vacancies with terms ending October 3, 2026.
CITY MANAGER’S RECOMMENDATION:
Mayor's Recommendation: Appointment to the Planning Commission to fill two scheduled vacancies with term ending October 3, 2026.
HISTORY:
11/15/22 City Council DEFERRED
12/06/22 City Council CONTINUED
ATTACHMENTS:
• Planning Commission Vacancy Memo 12-15-22 (DOC)
• Diana O. Ortega_redacted (PDF)
• Jorge A. Perez-redacted (PDF)
• Kayla Kirby_Redacted (PDF)
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M E M O R A N D U M
TO: Mayor Oliva & City Council
FROM: Norma Wyles, City Clerk
RE: Planning Commission Vacancies
DATE: December 15, 2022
PLANNING COMMISSION:
Two (2) scheduled vacancies with terms ending October 3, 2026 The following individual would like to be considered for re-appointment:
1. Jack Dunnam
The following individuals would like to be considered for appointment:
1. Diana O. Ortega
2. Jorge A. Perez
3. Kayla Kirby
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Attachment: Planning Commission Vacancy Memo 12-15-22 (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Diana O. Ortega_redacted (5761 : Appointment to Planning Commission)
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Attachment: Jorge A. Perez-redacted (5761 : Appointment to Planning Commission)
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Attachment: Jorge A. Perez-redacted (5761 : Appointment to Planning Commission)
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Attachment: Kayla Kirby_Redacted (5761 : Appointment to Planning Commission)
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Attachment: Kayla Kirby_Redacted (5761 : Appointment to Planning Commission)