Tuesday, September 3, 2024
5:30 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
September 3, 2024City Council Agenda
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
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or
Dial: +1 669 900 6833 or +1 646 931 3860
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Bonilla Jr.
September 3, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
ROLL CALL
PUBLIC COMMENTS
Limited to Items on the Agenda.
PUBLIC HEARING
Public Hearing No. 4 to Consider Draft City Council District Maps Prepared by the Demographers Based on Input from the Community for Establishing District-Based Elections Beginning in 2026 and Provide Direction to Demographers Regarding the Draft Maps; Discussion of Election Sequencing for
District-Based Elections Beginning in 2026
PH 24-0381.
Attachments: Attachment I Staff Report
Attachment II Notice of Public Hearing
Attachment III PowerPoint Presentation
ADJOURNMENT
NEXT REGULAR MEETING, September 17, 2024,7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
September 3, 2024City Council Agenda
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-038
DATE: September 3, 2024
TO: Mayor and City Council
FROM: City Attorney
SUBJECT
Public Hearing No. 4 to Consider Draft City Council District Maps Prepared by the Demographers Based on Input from the Community for Establishing District-Based Elections Beginning in 2026 and Provide Direction to Demographers Regarding the Draft Maps; Discussion of Election Sequencing for District- Based Elections Beginning in 2026
RECOMMENDATION
That the Council conduct the public hearing, receive a presentation from the demographers, including presentation of draft City Council district maps for district-based elections beginning with the 2026 election cycle, receive input from the community regarding the draft district maps and sequencing for district-based elections beginning in 2026 and provide direction to the demographers regarding the draft district maps.
SUMMARY
On April 16, 2024 the City Council adopted a resolution declaring its intent to begin the process of transitioning from at-large elections to district-based elections beginning with the 2026 election cycle.
The election of the Mayor will continue to be conducted at-large. The transition process began with two public hearings required by Elections Code section 10010. During these hearings, the City Council received input from the community regarding the composition of the proposed districts. Public hearings were previously held on May 14, 2024, May 28, 2024, and August 13, 2024.
This will be the fourth public hearing on this matter, which will focus on reviewing the draft City Council district maps prepared by the demographers based on input from the community. The Council will also receive further feedback from the community regarding the draft district maps, as well as provide additional direction to the demographers regarding the draft district maps. Following this hearing, the demographer will incorporate feedback from the Council and community to develop a final proposed district map for consideration and adoption. Subsequent public hearings will involve consideration and adoption of a final City Council district map, as well as introduction and adoption of an ordinance establishing district-based elections beginning in 2026. Those hearings are anticipated to take place in CITY OF HAYWARD Printed on 8/29/2024Page 1 of 2
powered by Legistar™
File #:PH 24-038
October 2024. This transition process does not impact the upcoming November 2024 election.
ATTACHMENTS
Attachment I Staff Report
Attachment II Notice of Public Hearing
Attachment III PowerPoint Presentation
CITY OF HAYWARD Printed on 8/29/2024Page 2 of 2
powered by Legistar™
DATE: September 3, 2024
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Public Hearing No. 4 to Consider Draft City Council District Maps Prepared by the Demographers Based on Input from the Community for Establishing District-Based Elections Beginning in 2026 and Provide Direction to Demographers Regarding the Draft Maps; Discussion of Election Sequencing for District-Based Elections Beginning in 2026.
RECOMMENDATION
That the Council conduct the public hearing, receive a presentation from the demographers, including presentation of draft City Council district maps for district-based elections beginning with the 2026 election cycle, receive input from the community regarding the draft district maps and sequencing for district-based elections beginning in 2026 and provide direction to the demographers regarding the draft district maps.
SUMMARY
On April 16, 2024 the City Council adopted a resolution declaring its intent to begin the process of transitioning from at-large elections to district-based elections beginning with the 2026 election cycle. The election of the Mayor will continue to be conducted at-large. The transition process began with two public hearings required by Elections Code section 10010.
During these hearings, the City Council received input from the community regarding the composition of the proposed districts. Public hearings were previously held on May 14, 2024, May 28, 2024, and August 13, 2024.
This will be the fourth public hearing on this matter, which will focus on reviewing the draft City Council district maps prepared by the demographers based on input from the community. The Council will also receive further feedback from the community regarding the draft district maps, as well as provide additional direction to the demographers regarding the draft district maps. Following this hearing, the demographer will incorporate feedback from the Council and community to develop a final proposed district map for consideration and adoption. Subsequent public hearings will involve consideration and adoption of a final City Council district map, as well as introduction and adoption of an ordinance establishing district-based elections beginning in 2026. Those hearings are anticipated to take place in October 2024. This transition process does not impact the upcoming November 2024 election.
BACKGROUND
The City of Hayward currently utilizes an at-large election system for the Mayor and City Council members. This means that the voters from the entire City choose the Mayor and six (6) City Council members. A district-based election system is one in which the city is geographically divided into separate districts, each with one Council member who resides in the district and is chosen by the voters residing in that particular district.
On March 10, 2024, the City received a letter from attorney Scott Rafferty, which asserted that the City’s at-large method of election could be in violation of the California Voting Rights Act (the “CVRA”). The CVRA allows a city to declare its intent to change to district-based elections and gives it 90 days within which to adopt districts. At the time it adopted its resolution of intent, the City’s deadline for adoption of districts was July 15, 2024. However, state law also allows the parties to a CVRA complaint to extend the deadline by another 90 days, and on May 15, 2024, the parties agreed that the City would have until October 14, 2024 to adopt districts for use in the 2026 elections.
DISCUSSION
Public Hearing Timeline
Pursuant to Elections Code section 10010, the City must hold at least four public hearings in connection with the establishment of electoral districts. The City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed voting districts are drawn.
The first two public hearings to receive input regarding composition of the proposed districts occurred on May 14, 2024 and May 28, 2024 respectively. A third public hearing occurred on August 13, 2024 where the Council received additional community input and provided initial direction to the demographer regarding preparation of draft district maps. Three draft district maps were posted to the City’s districting website on August 27, 2024, as required by state law. Copies of the staff reports, as well as video and audio recordings of these hearings, and links to the three draft maps are available for the public through the following link:
https://maphayward.org/schedule.
This public hearing will provide an opportunity for the City Council to obtain input from the community regarding the draft district maps prepared by the demographers. The demographers will provide a PowerPoint presentation and discuss the draft district maps.
Attachment III is the PowerPoint presentation from the demographers.
This hearing and another hearing tentatively scheduled for October 1, will provide the community the ability to comment on the draft maps, as required by state law. The City anticipates adoption of a final district map and adoption of an ordinance establishing district elections and election sequencing by the October 14, 2024 deadline.
Districting Criteria
In creating the boundaries of the six districts, the process must comply with state and federally mandated criteria that require each district to be as nearly equal in population as practicable and drawn in a manner that complies with the 14th Amendment, the State and Federal Voting Rights Act, as well as the criteria outlined in Elections Code section 21130.
All of the draft maps comply with the basic districting criteria required by state and federal law describe above. Additionally, the drafts maps incorporate public input, including submitted maps and Communities of Interest (COIs) and Neighborhoods. Districting is a process of constraints. Community members submitted dozens of proposed maps and communities of interest, but not all public input and all neighborhoods can be included and maintained in each map because population equality is the first legal criterion to consider.
These draft maps lay out the districts in different ways to show how input can be accommodated. They can be modified within constraints established by law, based on input received during the public hearing.
Community Outreach
Community outreach has commenced under the facilitation of City staff and outreach consultant Tripepi Smith. The City established a website in May (www.maphayward.org) to facilitate sharing information and gathering input on the drawing of district-election maps.
The website shows the district maps and communities of interest maps that have been submitted by community members over the past three months. The draft district maps prepared by the demographers are also posted to the website. Community members can ask questions and provide input by calling (510) 583-4444 or by sending an email to [email protected].
Since the draft district maps were posted on the website, Tripepi Smith worked with City staff to call over 100 targeted community stakeholders to notify them of the opportunity to comment on the maps and to attend the September 3 Public Hearing. Additionally, the City has sent emails to the 62,573 subscribers of the City’s e-newsletter with information about the draft maps and the public hearings in September and October. The City intends to continue its outreach efforts as we move toward the final Public Hearing No. 5.
Following Public Hearing No. 4, the City’s demographers will make adjustments to draft maps consistent with direction from the City Council. Final maps will be posted on the website (www.maphayward.org) by September 17, 2024. Spanish, Mandarin, Vietnamese and Tagalog interpreters continue to be available at all public hearings upon request.
FISCAL IMPACT
Significant staff resources will be devoted to carrying out the process described in this report, including public outreach strategies. The City will also incur costs related to the engagement of outside legal counsel, the demographers and other consultants that may be necessary.
Prepared by: Michael Vigilia, Senior Assistant City Attorney Amy Rothman, Deputy City Attorney
Recommended by: Michael Lawson, City Attorney
Approved by:
______
Dustin Claussen, Interim City Manager
NOTICE OF PUBLIC HEARING
HAYWARD CITY COUNCIL
NOTICEISHEREBYGIVENthatonTuesday,September3,2024,apublic hearingwillbeheldinpersonatCityHall,CouncilChambers(777B Street,2ndFloor,Hayward,CA)andvirtuallyviatheZoomplatform.
ThemeetingwillbebroadcastliveonComcastTVChannel15,the City’swebsiteat https://hayward.legistar.com/Calendar.aspx and
YouTubestreamathttps://www.youtube.com/user/cityofhayward.
Description of Public Hearing Item: TheCityCouncilwillconducta fourthpublichearingperElectionsCodeSection10010duringitsspe- cialCityCouncilmeetingonSeptember3,2024,at5:30p.m.,orassoon aspossiblethereafterasthemattercanbeheard,atwhichtimethe CityCouncilwillconductapublichearingtoreceivepublicinputon draftmapsofdistrictboundariespreparedbytheCity’sdemographer andonmapssubmittedbymembersofthepublicpriortoAugust19, 2024.
Publicmembersareinvitedtoattendthismeetinginpersonorvirtual- lytoprovideinputregardingthecompositionoftheyettobeformed districts.Publicmembersrequiringthisnoticeorsupportingmaterials inanotheralternativeformatorlanguage,orwhorequireaccommoda- tionsorinterpretationforthemeeting,pleasecontacttheCityClerk’s Office48hourspriortothemeetingat(510)583-4400or cityclerk@ hayward-ca.gov
Foradditionalinformation,pleasecontact:CityClerk,CityofHayward, 777BStreet,4thFloor,Hayward,California94541,(510)583-4400, [email protected]
;orvisithttps://maphayward.orgorsubmit
writtencommentsto[email protected]
AcopyofthepublichearingreportmaybereviewedattheCity'sweb- siteathttps://hayward.legistar.com/Calendar.aspx .Staffreportsare availabletheFridaybeforethepublichearingdatenotedabove.
Assistancewillbeprovidedtothoserequiringaccommodationsfordis- abilitiesincompliancewiththeAmericanswithDisabilitiesActof1990.
PersonsneedingaccommodationshouldcontacttheCityClerk'sOffice 48hoursinadvanceofthemeetingat(510)583-4400,orbysendingan emailto[email protected]
.
PLEASE TAKE NOTICEthatifyoufilealawsuitchallenginganyfinalde- cisiononthesubjectofthisnotice,theissuesinthelawsuitmaybe limitedtotheissueswhichwereraisedattheCity'spublichearingor presentedinwritingtotheCityClerkatorbeforethepublichearing.By Resolution,theCityCouncilhasimposedthe90-daytimedeadlineset forthinC.C.P.Section1094.6forfilingofanylawsuitchallengingfinal actiononanitemwhichissubjecttoC.C.P.Section1094.5.
Dated:August30,2024
MiriamLens,CityClerk
CityofHayward
DR 6849937; Aug. 30, 2024
ATTACHMENT II
Districting:
Hayward City Council
Karin Mac Donald & Steven Ochoa
Q2 Data & Research, LLC
September 3, 2024
Presentation of First Draft Plans
1 Timeline and Meetings 2
May 14, 2024
5:30pm
Hearing 1
City Hall, Council Chambers; 777 B Street,
Hayward
Focus: Comprehensive Project Overview, Education,
Receive Public Input and Comments
May 28, 2024
6pm
Hearing 2
City Hall, Council Chambers; 777 B Street,
Hayward
Focus: Brief Project Overview, Education, Receive
Public Input
June 11, 2024
6pm
Virtual Workshop Focus: Learn about the input tools, how to develop input, how districts are built.
July 9, 2024
6pm
In-person Workshop
Location: Chabot College; 25555 Hesperian Blvd,
Hayward, Community Event Center, room # 722D
Focus: Learn about the input tools, how to develop
input, how districts are built.
August 13, 2024
5:30pm
Hearing 3
City Hall, Council Chambers;
777 B Street, Hayward
Focus: Brief Project Overview, Education, Receive
Public Input, Council provides Initial Instructions for Draft Districts
Timeline and Meetings cont. 3
August 19, 2024 Deadline to submit Communities of Interest and other Maps to be considered in the Draft maps.
August 27, 2024 Draft Maps are posted Please visit: Maphayward.org September 3, 2024
5:30 pm
Hearing 4
City Hall, Council Chambers;
777 B Street, Hayward
Focus: Presentation of First Drafts,
Receive Public Comment, Final
Instructions
September 10, 2024 Deadline to submit Communities of Interest and other Maps to be considered in the Final maps.
September 17, 2024 Final maps are posted Please visit: Maphayward.org October 1, 2024
5:30 pm
Hearing 5
City Hall, Council Chambers;
777 B Street, Hayward
Focus: Council finalizes the map and
Introduces the Ordinance
October 8, 2024 Council meeting
City Hall, Council Chambers;
777 B Street, Hayward
Council votes to adopt the Ordinance
Districting Criteria
• 5 basic, ranked, Criteria are used for drawing the 6 districts:
1: Equal population (27,195 persons per district; +/- 1,360 persons max)
2: Compliance with the Federal Voting Rights Act (FVRA) 3: Contiguity (districts in one piece)
4: Respect for Neighborhoods and Communities of Interest 5: Compactness (keep an eye on what the district looks like) Also: disregard Incumbents, Candidates and Political Parties 4 Notes about the Draft Maps
• All Draft maps comply with the basic districting
criteria
• All Draft maps incorporate public input, including
dozens of maps, Communities of Interest (COIs)
and Neighborhoods
• Districting is a process of constraints: not all
public input and all neighborhoods can be
included and maintained in each map because
population equality is the first criterion.
• These Drafts lay out the districts in different ways
to show how input can be accommodated: they
can be modified.
5 Draft Plan 1 6
Draft Plan 1- Summary
• District A combines the Mt. Eden and Glen Eden neighborhoods. • District B contains the Longwood/Winton Grove neighborhood, Southgate neighborhood, most of the Santa Clara neighborhood, and the western portion of the Harder/Tennyson neighborhood.
• District C contains the neighborhoods of Burbank and Jackson Triangle, with west North Hayward and downtown, and a small part of Santa Clara. • District D combines the Whitman/Mocine neighborhood, the eastern portion of the Tennyson/Alquire neighborhood, and the eastern portion of the Harder/Tennyson neighborhood.
• District E combines the Mission/Garin and Fairway Park neighborhoods with the eastern portion of the Tennyson/Alquire neighborhood. • District F is bounded by Mission Blvd to the creek south of Harder Rd. It includes the Hayward Hills and the CS East Bay COIs, the Mission Foothills and Upper B St neighborhoods and the Prospect/Hazel COIs. 7 Draft Plan 1 - Demographics 8
Source: CA Adjusted 2020 Census Data, Citizen Voting Age Population Data, and Nov 2022 Registration Data via the CA Statewide Database
Note: Racial and ethnic characteristics of the Citizens Voting Age Population (CVAP) are tabulated according to Department of Justice standards.
District Total
Population Deviation %
Deviation
Total Citizen
Voting Age
Population
Total
Registration
as of Nov
2022
% Latino
CVAP
% White
CVAP
% Black
CVAP
%
Indigenous
CVAP
% Asian
CVAP
% Hawaiian or
Other Pac. Is.
CVAP
A 27,139 -56 -0.21% 19,254 14,610 29.2% 13.4% 9.1% 0.9% 44.5% 1.6% B 26,305 -890 -3.27% 15,503 12,870 37.2% 20.1% 9.3% 0.6% 29.2% 2.3% C 27,046 -149 -0.55% 15,171 11,556 37.6% 18.2% 15.7% 0.1% 25.4% 1.0% D 26,088 -1,107 -4.07% 13,094 10,090 43.2% 17.0% 11.3% 0.5% 20.5% 5.3% E 28,251 1,056 3.88% 19,572 15,232 26.9% 19.1% 8.5% 0.3% 41.0% 3.0% F 28,343 1,148 4.22% 20,226 14,614 21.7% 34.9% 19.3% 1.3% 20.8% 1.3% Draft Plan 1 – District A 9
Draft Plan 1 – District B 10
Draft Plan 1 – District C 11
Draft Plan 1 – District D 12
Draft Plan 1 – District E 13
Draft Plan 1 – District F 14
Draft Plan 2 15
Draft Plan 2 - Summary
• District A combines the Mt. Eden and Glen Eden neighborhoods • District B contains most of the Longwood/Winton Grove neighborhood, Southgate neighborhood, and the southwestern portion of the Harder/Tennyson neighborhood
• District C contains the neighborhoods of Santa Clara, Burbank, and North Hayward. It includes multiple COIs in the Prospect and downtown areas. • District D combines the Whitman/Mocine, Jackson Triangle, and the northern portion of the Tennyson/Alquire neighborhood
• District E combines the Fairway Park and Tennyson/Alquire neighborhoods. • District F contains the Upper B Street, Mission Foothills, Hayward Highland, Hayward Hills, and Mission/Garin neighborhoods.
16 Draft Plan 2 - Demographics 17
Source: CA Adjusted 2020 Census Data, Citizen Voting Age Population Data, and Nov 2022 Registration Data via the CA Statewide Database
Note: Racial and ethnic characteristics of the Citizens Voting Age Population (CVAP) are tabulated according to Department of Justice standards.
District Total
Population Deviation %
Deviation
Total Citizen
Voting Age
Population
Total
Registration
as of Nov
2022
% Latino
CVAP
% White
CVAP
% Black
CVAP
%
Indigenous
CVAP
% Asian
CVAP
% Hawaiian or
Other Pac. Is.
CVAP
A 27,139 -56 -0.21% 19,254 14,610 29.2% 13.4% 9.1% 0.9% 44.5% 1.6% B 27,837 642 2.36% 14,664 11,576 36.8% 20.5% 11.3% 0.3% 26.7% 2.3% C 26,312 -883 -3.25% 15,780 11,796 33.4% 22.9% 17.2% 1.0% 23.0% 1.7% D 26,196 -999 -3.67% 13,713 11,366 41.8% 16.4% 12.6% 0.3% 23.8% 3.3% E 27,782 587 2.16% 19,222 14,832 32.5% 17.1% 7.7% 0.3% 36.8% 3.8% F 27,906 711 2.61% 20,187 14,792 20.5% 33.3% 16.2% 0.9% 26.8% 1.4% Draft Plan 2 – District A 18
Draft Plan 2 – District B 19
Draft Plan 2 – District C 20
Draft Plan 2 – District D 21
Draft Plan 2 – District E 22
Draft Plan 2 – District F 23
Draft Plan 3 24
Draft Plan 3 - Demographics 25
Source: CA Adjusted 2020 Census Data, Citizen Voting Age Population Data, and Nov 2022 Registration Data via the CA Statewide Database
Note: Racial and ethnic characteristics of the Citizens Voting Age Population (CVAP) are tabulated according to Department of Justice standards.
District
Total
Population Deviation
%
Deviation
Total Citizen
Voting Age
Population
Total
Registration
as of Nov
2022
% Latino
CVAP
% White
CVAP
% Black
CVAP
%
Indigenous
CVAP
% Asian
CVAP
% Hawaiian or
Other Pac. Is.
CVAP
A 28,249 1,054 3.88% 16,576 13,345 33.9% 18.2% 8.6% 1.5% 34.5% 1.7% B 26,276 -919 -3.38% 18,782 14,329 32.1% 14.4% 9.6% 0.0% 40.6% 2.0% C 27,761 566 2.08% 16,240 12,154 33.2% 22.5% 19.1% 0.5% 22.0% 1.2% D 27,630 435 1.60% 13,819 10,846 44.5% 16.2% 11.8% 0.5% 20.2% 4.7% E 27,117 -78 -0.29% 18,829 14,778 26.9% 19.3% 8.2% 0.3% 41.5% 2.8% F 26,139 -1,056 -3.88% 18,574 13,520 22.5% 33.5% 16.6% 1.0% 23.4% 1.8% Draft Plan 3 - Summary
• District A combines the Santa Clara, Longwood/Winton Grove, Mt Eden, and north Southgate neighborhoods.
• District B contains the Glen Eden neighborhood, the southern part of the Southgate neighborhood, and the western part of the Harder/Tennyson neighborhood.
• District C contains the neighborhoods of North Hayward and Burbank, and most of Jackson Triangle. It includes multiple COIs in the Prospect and downtown areas.
• District D combines the Whitman/Mocine neighborhood, the east Harder/Tennyson neighborhood and part of Jackson Triangle. • District E combines the south Mission/Garin and Fairway Park neighborhoods with the eastern portion of the Tennyson/Alquire neighborhood. • District F contains the Upper B Street, Mission Foothills, Hayward Highland, Hayward Hills, and north Mission/Garin neighborhoods.
26 Draft Plan 3 – District A 27
Draft Plan 3 – District B 28
Draft Plan 3 – District C 29
Draft Plan 3 – District D 30
Draft Plan 3 – District E 31
Draft Plan 3 – District F 32
Questions and Directions
• Are there any Questions?
• We are able to show a map of the city on the screen
along with neighborhood boundaries, COIs and other
data. Please ask us to zoom into areas of interest.
• Please provide guidance and input for the Final Maps
• Thank You!
33