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Minutes, closed session

Half Moon Bay City Council
May 7, 2024

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Minutes, closed session
Meeting
May 7, 2024
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Half Moon Bay City Council
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Text extracted from the city's file for reading and search. Open the original on halfmoonbay.granicus.com. That file is the official record.

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
TUESDAY, MAY 7, 2024
ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CONVENE SPECIAL MEETING
Mayor Jimenez called the special meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Councilmembers Brownstone and Ruddock, Vice Mayor Rarback and Mayor Jimenez ABSENT: Councilmember Penrose

OPEN SESSION IDENTIFICATION OF CLOSED SESSION ITEMS

PUBLIC COMMENT ON CLOSED SESSION ITEMS

CLOSED SESSION
Conference Involving a Joint Powers Agency – Sewer Authority Mid-Coastside (Govt. Code section 54956.96):

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Govt. Code section 54956.9(d)(1)) Name of case: Ecological Rights Foundation vs. Sewer Authority Mid-Coastside, – U.S. District Court, Northern District of California: 3:18-CV-04413
City of Half Moon Bay representatives on SAM joint powers agency board: Deborah Penrose, Chair, and Debbie Ruddock, Director
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Govt. Code section 54956.9(d)(1)) Name of case: City of Half Moon Bay v. Granada CSD and Montara WSD, et al., – Santa Clara Superior Court Civil No. 17CIV316927; Court of Appeal Case No. H049896

ADJOURNMENT
Mayor Jimenez adjourned the meeting at 6:40 p.m.

Respectfully Submitted: Approved:

May 7, 2024
City Council Minutes

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Jessica Blair, City Clerk Joaquin Jimenez, Mayor

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
TUESDAY, MAY 7, 2024
ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CALL TO ORDER / ROLL CALL
Mayor Jimenez called the meeting to order at 7:08 p.m. and led the Pledge of Allegiance.

ROLL CALL
PRESENT: Councilmembers Brownstone, and Ruddock, Vice Mayor Rarback, and Mayor Jimenez ABSENT: Councilmember Penrose

APPROVAL OF AGENDA
MOTION
Vice Mayor Rarback moved and Councilmember Brownstone seconded a motion to approve the Agenda. The motion carried 4-0-1, Councilmember Penrose absent.

PROCLAMATIONS AND PRESENTATIONS

MENTAL HEALTH AWARENESS MONTH PROCLAMATION
Mayor Jimenez read and presented the proclamation declaring May as Mental Health Awareness Month to Dr. Rona Hu.

Dr. Hu discussed the Farmworker Tragedy and efforts to assist the community.

MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE Mayor Jimenez invited the community to the Wellness Fair at the Middle School and encouraged residents to visit the Opportunity Center on the Coastside.

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS
City Attorney Engberg reported that the Council discussed the items on the agenda and took no reportable action.

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CITY MANAGER UPDATES TO COUNCIL

SUSTAINABILITY UPDATES
Senior Management Analyst Wolter and Management Analyst Nichols explained transportation demand management (TDM); strategies for the Coastside; and next steps for the project.

TRANSPORTATION GRANTS UPDATE
Management Analyst Nichols discussed other transportation grants including Class 1 Bike/Ped, Highway 1 South Corridor, and SS4A (USDOT Grant).

HEALTH SERVICES UPDATE
Administrative Service Director Lopez presented Age-Friendly Half Moon Bay Coastside.

PUBLIC SERVICE WEEK RECOGNITION
Administrative Services Director Lopez announced May 5-11, 2024, as Public Service Recognition Week.

PUBLIC FORUM
The following individuals addressed the Council:
• Chloe Standez
• Chad Hooker
• Juliette Kulda
• George Muteff
• Derrick Culda
• Rocio Avila
• Joann Rokosky
• Mary Vega
• Carolina Carbajal

1. CONSENT CALENDAR
Item 1.D was pulled by Mayor Jimenez.

The Consent Calendar consisted of followings items:

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES

1.B TENANT PROTECTIONS ORDINANCE – SECOND READING

1.C HOUSING DEFINITIONS ORDINANCE – SECOND READING
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1.E RECEIPT OF LEGISLATIVE POSITION LETTERS

1.F DENY CLAIM OF MERRY KATHY RAILSBACK

1.G PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR LICENSING OF SMALL LOCAL GOVERNMENT CLOUD-BASED GIS

SOFTWARE
MOTION
Vice Mayor Rarback moved and Councilmember Ruddock seconded a motion to approve the Consent Calendar, with the exception of Item 1.D. The motion carried 4-0-1, Councilmember Penrose absent.

The following item was pulled from the Consent Calendar for individual consideration:

1.D RESIDENTIAL RENT STABILIZATION ORDINANCE – SECOND READING MOTION
Councilmember Brownstone moved and Vice Mayor Rarback seconded a motion to waive second reading and adopt an ordinance creating a new Chapter 6.06 titled “Residential Rent Stabilization.” The question was called and the motion carried 3-1-1, Councilmember Ruddock dissenting and Councilmember Penrose absent.

2. ORDINANCES AND PUBLIC HEARINGS
None.

3. RESOLUTIONS AND STAFF REPORTS

3.A MUNICIPAL ENERGY IMPROVEMENTS – ENERGY SERVICE CONTRACT WITH WILLDAN

ENERGY SOLUTIONS
Public Works Director Bozorginia and Senior Management Analyst Wolter presented the staff report.

The following individuals addressed the Council:
• Carlysle Ann Young
The Council asked questions of staff and discussed the item.

MOTION
Vice Mayor Rarback moved and Mayor Jimenez seconded a motion to, as required by California Government Code section 4217.12, adopt a resolution authorizing the City Manager to enter into an Energy Service Contract with Willdan Energy Solutions, for comprehensive solar photovoltaic (PV) system purchase and municipal energy related May 7, 2024
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improvements, to increase the energy efficiency of all municipal facilities and operations, with a total expenditure amount not to exceed $1,485,000, which includes a 10% contingency. The question was called and the motion carried 4-0-1, Councilmember Penrose absent.

RECESS
Mayor Jimenez called a recess at 8:17 p.m. The meeting reconvened at 8:29 p.m. with all Councilmember Penrose absent.

3.B 2024 SUMMER BEACH UPDATE
Public Works Director Bozorginia presented the staff report.

The following individuals addressed the Council:
• Carlysle Young
• Rick Hernandez
• Hazel Joanes
• Bob Rogers
The Council asked questions of staff, discussed the item, and provided direction to staff.

3.C COMMUNITY SERVICES FINANCIAL ASSISTANCE PROGRAM
Community Services Analyst Acosta and Economic Community Vitality Manager Decker presented the staff report.

The Council asked questions of staff and discussed the item.

3.D APPOINTMENTS TO CITY COMMISSIONS
Mayor Jimenez thanked and discussed his consideration of the applicants.

MOTION
Mayor Jimenez moved and Councilmember Ruddock seconded a motion to nominate Tito Hernandez to the Parks and Recreation Commission. The question was called and the motion carried 4-0-1, Councilmember Penrose absent.

COMMISSION / COMMITTEE UPDATES
None.

FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS
May 7, 2024
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None.

CITY COUNCIL REPORTS
None.

ADJOURNMENT
Mayor Jimenez adjourned the meeting at 10:15 p.m.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Joaquin Jimenez, Mayor

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
TUESDAY, MAY 21, 2024
ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CONVENE SPECIAL MEETING
Mayor Jimenez called the special meeting to order at 6:00 p.m.

ROLL CALL
PRESENT: Councilmembers Brownstone, Penrose, and Ruddock, Vice Mayor Rarback and Mayor Jimenez

OPEN SESSION IDENTIFICATION OF CLOSED SESSION ITEMS

PUBLIC COMMENT ON CLOSED SESSION ITEMS

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Govt. Code section 54956.9(d)(1)) Name of case: City of Half Moon Bay v. Thomas J. Gearing, et al., – San Mateo Superior Court Civil No. 21-CIV-01560

ADJOURNMENT
Mayor Jimenez adjourned the meeting at 6:40 p.m.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Joaquin Jimenez, Mayor

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
TUESDAY, MAY 7, 2024
ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CALL TO ORDER / ROLL CALL
Mayor Jimenez called the meeting to order at 7:09 p.m. and led the Pledge of Allegiance.

ROLL CALL
PRESENT: Councilmembers Brownstone, Penrose (remote for just cause due to illness pursuant to AB2449) and Ruddock, Vice Mayor Rarback, and Mayor Jimenez Councilmember Penrose participated remotely due to illness and pursuant to AB2449 indicated there was no one under 18 years of age in the room with her.

APPROVAL OF AGENDA
MOTION
Vice Mayor Rarback moved and Councilmember Ruddock seconded a motion to approve the Agenda. The question was called and the motion carried unanimously.

PROCLAMATIONS AND PRESENTATIONS

NETWORK ENGAGE TRANSFORM (NET) CITIZENS ACADEMY GRADUATION Communications Manager Lettire announced and commended the NET graduates.

The Council congratulated the graduates.

YOUTH LEADERSHIP SCHOLARSHIP AWARDS PRESENTATION
Community Services Analyst Acosta announced and commended the scholarship recipients.

Sustainability Analyst Nichols presented the sustainability awards.

PUBLIC WORKS WEEK PROCLAMATION
May 21, 2024
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Mayor Jimenez read the proclamation declaring May 19-25, 2024, as Public Works Week and recognized the Public Works staff.

MIDCOAST COMMUNITY COUNCIL UPDATE
Kimberly Williams provided an update on the Midcoast Community Council.

MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE Mayor Jimenez announced the Wine and Jazz Festival on June 1, 2024.

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS
City Attorney Engberg announced that the Council met in Closed Session and no reportable action was taken.

CITY MANAGER UPDATES TO COUNCIL
None.

PUBLIC FORUM
The following individuals addressed the Council:
• Ilsa Serrano
• Bella Bono
• Steve Hyman
• Rocio Avila
• Patrick Johnson
• Jennifer
• Patricia Stevenson
• Michael B
• Krystlyn Giedt
• Greg Fontana
• Sandra Sencion

1. CONSENT CALENDAR
Item 1.H was pulled for public comment.

The Consent Calendar consisted of followings items:

1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES
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1.B WARRANTS FOR THE MONTH OF MARCH 2024

1.C APPROVAL OF MINUTES

1.D RESOLUTIONS CALLING FOR THE HOLDING OF THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION

1.E RECEIPT OF LEGISLATIVE POSITION LETTERS

1.F FINANCIAL REPORT AND TREASURER’S REPORT FOR THE QUARTER ENDED ON MARCH 31, 2024

1.G SB 1 LOCAL STREETS AND ROAD IMPROVEMENT PROJECT LIST – FY 2024-25 MOTION
Councilmember Ruddock moved and Vice Mayor Rarback seconded a motion to approve the Consent Calendar, with the exception of Item 1.H. The question was called and the motion carried unanimously.

The following item was pulled from the Consent Calendar for individual consideration:

1.H HIGHWAY 1 – NORTH (CIP PROJECT NO. 538) DESIGN AGREEMENT AMENDMENT The following individuals addressed the Council:
• Paul Nagengast
Public Works Director Bozorginia presented the staff report.

MOTION
Councilmember Ruddock moved and Vice Mayor Rarback seconded a motion to adopt a resolution authorizing the City Manager to execute Amendment No. 6 to professional services agreement with Mark Thomas and Company, Inc. (MTCO) for a coordination of utility relocations and construction easements for the Highway 1 Safety and Operational Improvements Project – North (CIP Project No. 0538) in the amount of $127,069.82. The question was called and the motion carried unanimously.

RECESS
Mayor Jimenez called a recess at 8:17 p.m. The meeting reconvened at 8:29 p.m. with all Councilmembers present.

2. ORDINANCES AND PUBLIC HEARINGS

2.A TWO APPEALS “CALTRANS APPEAL” AND “CARTER / ERICKSEN APPEAL”) OF THE PLANNING COMMISSION DECISION TO APPROVE THE CALTRANS SR-1 MULTI-ASSET MAINTENANCE PROJECT SUBJECT TO ADDITIONAL CONDITIONS OF APPROVAL (FILE NO. PDP-23-084) City Attorney Engberg explained the Appeal process.

May 21, 2024
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The Council provided their ex parte communications.

Interim Community Development Director McHarris and Project Planner Garrison presented the staff report.

Len Erickson presented his appeal.

Kelly Ma, Dillon Lennenbacker, and Fitz Mordor, Caltrans, presented their appeal.

The Council asked questions of Caltrans staff.

The following individuals addressed the Council:
• Paul Nagengast
• Anjuli Gupta
• Carlene Foldenauer
• Marin Holt
The Council asked questions of staff and discussed the item.

MOTION
Vice Mayor Rarback moved and Councilmember Brownstone seconded a motion to adopt a resolution concerning the appeal by Caltrans of the Planning Commission decision approving Coastal Development Permit PDP-23-084 approving deletion of Condition A.10, denying deletion or modifications to Conditions A.1, A.2, and A.11, and approving Condition A.6 as revised by the City Council and staff; and otherwise upholding the decision of the Planning Commission to allow Caltrans to implement the State Route 1 (SR 1) multi-asset roadway rehabilitation project. The question was called and the motion carried 4-0-1, Mayor Jimenez abstaining.

RECESS
Mayor Jimenez called a recess at 10:17 p.m. The meeting reconvened at 10:28 p.m. with all Councilmembers present, except Councilmember Penrose.

2.B RESIDENTIAL RENT STABILIZATION FEE AND RELATED MATTERS City Manager Chidester presented the staff report.

The following individuals addressed the Council:
• JoAnn Rokosky
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MOTION
Councilmember Brownstone moved and Vice Mayor Rarback seconded a motion to: Adopt a resolution: 1) establishing a new fee titled, “Residential Rent Stabilization Fee” in the amount of $286 and adding the fee to the City user fee schedule as presented in Exhibit A to the resolution; 2) applying the annual automatic Consumer Price Index (CPI) adjustment beginning July 1, 2025; 3) allocating up to $150,000 in City Affordable Housing Funds to cover initial start-up and implementation costs of the program; and 4) directing Staff to direct user fees and citations related to FY 2024-25 Residential Rent Stabilization Program to the City Affordable Housing Fund. The question was called and the motion carried 3-1-1, Councilmember Ruddock dissenting and Councilmember Penrose absent.

3. RESOLUTIONS AND STAFF REPORTS

3.A HALF MOON BAY HOTEL BUSINESS IMPROVEMENT DISTRICT 2023 ANNUAL REPORT AND

RESOLUTION OF INTENT TO INCREASE THE PER NIGHT ASSESSMENT OF THE DISTRICT FOR FISCAL YEAR 2024-25
Administrative Analyst Acosta presented the staff report and Krystyln Giedt, Half Moon Bay Chamber of Commerce, provided the annual report.

MOTION
Councilmember Brownstone moved and Councilmember Ruddock seconded a motion to: 1) approve the Half Moon Bay Hotel Business Improvement District 2023 Annual Report from the Half Moon Bay Coastside Chamber of Commerce, the designated managing agency for the District; and 2) adopt a resolution declaring the City Council’s intention to levy an assessment for the Half Moon Bay Hotel Business Improvement District for Fiscal Year 2024- 25; and directing the City Clerk to schedule a public meeting on June 18, 2024, and a public hearing on July 16, 2024, regarding increasing the nightly per room assessment rate from $1 to $2; and 3) approve an allocation of $40,000 in support from the General Fund for Fiscal Year 2024-25. The question was called and the motion carried 4-0-1, Councilmember Penrose absent.

3.B SEWER AUTHORITY MID-COASTSIDE REVISED FISCAL YEAR 2024-25 OPERATIONS AND

MAINTENANCE (GENERAL) BUDGET
Public Works Director Bozorginia presented the staff report.

MOTION
Councilmember Brownstone moved and Vice Mayor Rarback seconded a motion to adopt a resolution approving the Sewer Authority Mid-Coastside Revised General (Operations and Maintenance) Budget for FY 2024-25 (included as Exhibit A to the resolution), without waiving its current and prior votes under protest related to the capital improvements to the Integrated Pipeline System (IPS). The motion carried 4-0-1, Councilmember Penrose absent.

May 21, 2024
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3.C HALF MOON BAY SEWER COLLECTION SYSTEM MAINTENANCE, SEWER AUTHORITY MIDCOASTSIDE Public Works Director Bozorginia presented the staff report.

MOTION
Councilmember Brownstone moved and Vice Mayor Rarback seconded a motion to adopt a resolution approving the FY 2024-25 Sewer Authority Mid-Coastside Collections Budget and authorizing the City Manager to execute Amendment No. 7 to the sewer collection system maintenance professional services agreement with the Sewer Authority Mid-Coastside establishing the FY 2024-25 annual cost at $212,209 and extending the Agreement for one (1) additional year (expiration date of June 30, 2025). The question was called and the motion carried 4-0-1, Councilmember Penrose absent.

3.D STUDY SESSION OF THE FISCAL YEAR 2024-25 OPERATING BUDGET Finance Manager Styles, Public Works Director Bozorginia, and City Manager Chidester presented the staff report.

The Council asked questions of staff, discussed the item and provided direction to staff.

COMMISSION / COMMITTEE UPDATES
City Manager Chidester referenced the recent Planning Commission meeting and upcoming Parks and Recreation Commission meeting.

FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS
Councilmember Ruddock requested a letter in opposition letter for SB2560. The Council concurred to direct staff to draft the letter.

CITY COUNCIL REPORTS
None.

ADJOURNMENT
Mayor Jimenez adjourned the meeting at 12:14 a.m. on May 22, 2024.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Joaquin Jimenez, Mayor

MINUTES

CITY OF HALF MOON BAY CITY COUNCIL
WEDNESDAY, JUNE 26, 2024
ADCOCK COMMUNITY/SENIOR CENTER, 535 KELLY AVENUE

CONVENE SPECIAL MEETING
Vice Mayor Rarback called the meeting to order at 5:10 p.m.

ROLL CALL / PLEDGE OF ALLEGIANCE
Vice Mayor Rarback led the Pledge of Allegiance.

ROLL CALL
PRESENT: Councilmembers Brownstone, Penrose and Ruddock (remote), and Vice Mayor Rarback
ABSENT: Mayor Jimenez
Pursuant to AB 2449, Councilmember Ruddock confirmed that no one over the age of 18 was in the room.

REPORT OUT FROM RECENT CLOSED SESSION MEETINGS
City Attorney Engberg announced that the Council met in Closed Session and no reportable action was taken.

1. ORDINANCES AND PUBLIC HEARINGS

1.A. THREE APPEALS (“MOORE APPEAL”, “FERREIRA APPEAL”, AND “NAGENGAST APPEAL”) OF THE PLANNING COMMISSION DECISION FROM MAY 14, 2024, APPROVING THE COASTAL DEVELOPMENT PERMIT AND ARCHITECTURAL REVIEW OF THE 555 KELLY AVENUE

AFFORDABLE HOUSING DEVELOPMENT PROJECT, SUBJECT TO CONDITIONS OF APPROVAL (FILE NO. PDP-23-034)
The City Council disclosed ex parte communications.

Housing Programs Manager Noche presented the staff report.

Vice Mayor Rarback opened the public hearing.

June 26, 2024
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The following individuals addressed the Council:
• Rania Dare, Mercy Housing, applicant
• Jennifer Moore, appellant
• Mike Ferreira, appellant
• Paul Nagengaast, appellant
RECESS
Vice Mayor Rarback called a recess at 6:05 p.m. The meeting reconvened at 6:12 p.m. with all Councilmembers present except Mayor Jimenez.

The following individuals addressed the Council:
• Sandra Sencion
• April Vargas
• Dan Hagerty
• Patricia Stevenson
• Jordan Grimes
• RJ Jennings
• David Gorn
• Jane Lewis
• Rabbi Moshe Heyn
• Lee Gray
• Sue Holland
• Sandi Winter
• Leslie Robertson
• Joanne Rokosky
• Lilli Rey
• Bill Heavlin
• Noreen Heavlin
• Teresa Jimenez
• Sophia Layne
• Rocio Avila
• Lourdes Patino
• Sandy Vella
• Kelly Delaney
• Carlysle Ann Young
• Lisa Warner-Caret
• Martina Carrillo
• Nancy Fantano
• Yaya Sonoqui
• Corie Schwabenland
• Carolina Carbajal
June 26, 2024
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• Annie Behrens
• Cameron Zellers
• Ismael Sandez
• Doreen Gerrity
• Frank Gerrity
• Ellen Hage
• Vaughn Harrison
• Ed Vargas
• Antonio Lopez
• Suzanne Moore
• Belinda Arriaga
Kelly Hollywood, Mercy Housing, applicant, addressed comments made.

Vice Mayor Rarback closed the public hearing.

The Council discussed the item and asked questions.

MOTION
Councilmember Brownstone moved and Vice Mayor Rarback seconded a motion to deny the appeals and uphold and affirm the Planning Commission’s conditional approval of a Coastal Development Permit and Architectural Review dated May 14, 2024. The question was called and the motion carried 4-0-1, Mayor Jimenez absent.

MOTION
Councilmember Penrose moved and Councilmember Ruddock seconded a motion to establish a subcommittee of Councilmember Penrose and Councilmember Ruddock to enter into negotiations with the applicant on the lease agreement. The question was called and the motion carried 3-1-1, Councilmember Brownstone dissenting and Mayor Jimenez absent.

ADJOURNMENT
Vice Mayor Rarback adjourned the meeting at 8:21 p.m.

Respectfully Submitted: Approved:

Jessica Blair, City Clerk Joaquin Jimenez, Mayor

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