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Minutes

Hollister City Council
May 2, 2022

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May 2, 2022
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CITY COUNCIL OF THE

CITY OF HOLLISTER
Minutes of Regular Meeting
May 2, 2022
REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER
Vice Mayor Perez called the meeting to order at 5:01 p.m. Deputy City Clerk Romero called roll, all members present except Mayor Velazquez. Mayor Velazquez arrived at 5:15 p.m. and went into closed session.

CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda)
None.

Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Public Employee Appointment
Title: City Attorney
(Gov. Code § 54957)

2. Public Employee Evaluation per Government Code section 54957 Title: City Manager

3. Conference with Labor Negotiators pursuant to Government Code section 54957.6
Agency Designated Representatives: (City Manager, City Attorney) Employee Organization: Executive Management

4. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54956.9(b)
One (1) potential case

PLEDGE OF ALLEGIANCE
Council Member Resendiz led the pledge of allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on May, 2, 2022 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived

Ignacio Velazquez Mayor Present 5:15 PM
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Absent
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council regular meeting of May 2, 2022, was posted on the bulletin board at City Hall on April 27, 2022, at 3.33 p.m. per Government Code section 54954.2.

CLOSED SESSION - REPORT OUT
City Attorney Epperson reported that Council discussed items agendized in closed session and gave direction to staff and negotiators. Council adjourned from closed session at 6:32 p.m.

PROCLAMATIONS/RECOGNITIONS

1. Proclamation - Marcellina Munoz Congratulations on her 100th Birthday Mayor Velazquez presented the proclamation the family of Marcellina Munoz, proclaiming June 2, 2022, "Marcellina Munoz Day in Hollister" in honor of her 100th birthday.

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.

RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: Al, A2, A3, A4, A5, A6, A7, A8, A9, A10, All, Al2, A13, and A14.

Council Member Morales pulled item A7 from consent. Council Member Burns pulled item A8 from consent, and requested that items G3, G4, G5 move up before Public Hearing on the agenda. Council gave consensus to move up these items.

City Council Monday, May 2, 2022 Page 2 of 13

1. City Council - Regular Meeting - Apr 18, 2022 6:30 PM

2. City Council - Special Meeting - Apr 25, 2022 6:30 PM

3. WARRANT REGISTER - APRIL 18, 2022 AP

4. Resolution No. 2022-68 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of Various Streets for the Saddle Horse Show Parade on June 18, 2022

5. Resolution No. 2022-69 Resolution of the City Council of the City of Hollister approving temporary street closures of various streets for the City of Hollister Recreation Department, in partnership with the San Benito County Safe Kids Coalition's Annual Kids at the Park Event on June 15, 2022

6. Resolution No. 2022-70 a Resolution of the City Council of the City of Hollister Approving Temporary Closures of Various Streets for the annual Hollister Recreation fun run in celebration of July is Park & Recreation Month and the City of Hollister 150th Anniversary to be held on Saturday, July 23, 2022

7. Item Pulled from Consent

8. Item Pulled from Consent

9. Resolution No. 2022-73 a Resolution of the City Council of the City of Hollister Approving a Side Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and the Hollister Peace Officers Association

10.Resolution No. 2022-74 a Resolution of the City Council of the City of Hollister Approving an Amendment to the Salaries and Benefits Plan Between the City of Hollister and The Executive Management Unit

11.Resolution No. 2022-75 a Resolution of the City Council of the City of Hollister Approving a Side Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and the Hollister Firefighters Union, Local 3395

12.Resolution No. 2022-76 a Resolution of the City Council of the City of Hollister Approving a Side Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and the Hollister Mid-Management Association

13.Resolution No. 2022-77 a Resolution of the City Council of the City of Hollister Approving a Side Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and the Confidential Unit
City Council Monday, May 2, 2022 Page 3 of 13

14.Resolution No. 2022-78 a Resolution of the City Council of the City of Hollister Approving a Side Letter Agreement Amending the Memorandum of Understanding Between the City of Hollister and the Service Employees International Union Local 521

ITEMS PULLED FROM CONSENT AGENDA
Resolution No. 2022-71 a Resolution of the City Council of the City of Hollister Approving the initiation proceedings for the levy and collection of annual assessments for Landscape and Lighting District No. 93 - 1 and order the City Engineer to prepare and file the required Special District Report
Item A7
Council Member Morales requested that this item be pulled from consent, and asked for clarification if there is an opportunity for the public to ask questions about the levy of taxes, and give public comment. Associate Engineer Cristian Builes answered that the City will be conducting a public hearing, sending out notices, and informing the public of the levy of taxes which remain the same every year. He added that based on the past several years that the City has conducted the proceedings for the levy and annual assessments, there has never been any issues.

Public Comment:

None
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Resolution No. 2022-72 a Resolution of the City Council of the City of Hollister approving the Subdivision Improvement Agreement and Final Map for the West of Fairview Phase 2 Subdivision, Tract no. 303 and authorizing execution of the agreement for the improvement with KB Homes Southbay, Inc.

Item A8.

Council Member Burns requested that this item be pulled from consent, and made a comment that he would like to see security cameras installed as this subdivision is built out, such as during trenching.

Public Comment:

None
City Council Monday, May 2, 2022 Page 4 of 13

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
C. PUBLIC INPUT
Bill Mifsud addressed the Council.

Shawn Herrera addressed the Council.

Brooke Wright addressed the Council.

Valerie Egland addressed the Council.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report
No reports.

2. Trainings and Conferences
Recreation Services Manager reported that she attended California Trails and Greenways Conference.

COUNCIL MOVED TO ITEM G3, G4, G5, AND G6
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES G3. Fentanyl Opioid Report
Hollister Police Detective Sargent Michael Paddy and Mary White, Pharmacist, and member of the Opioid Task Force gave an presentation on the San Benito County Opioid Task Force Coalition. Ms. White invited the public and Council to attend a town hall meeting on June 11, 2022, at the Vets Hall from 11:00 a.m. to 2:00 p.m., where they will have narcan training and distribution, and well as providing education and outreach to the community. She advised that narcan can be obtained online, or through a pharmacy without a prescription and is covered by insurance. Detective Paddy and Ms.

White answered questions from Council.

Public Comment:

None.

G4. Report-Jerry Gabe Dog Park
Recreation Services Manager Tina Garza provided a report on the Jerry Gabe dog park, and asked for Council direction regarding whether to proceed with seeding the park grass, or installing sod. Ms. Garza answered questions from Council, including that the City Council Monday, May 2, 2022 Page 5 of 13

reason there is no dog park at Klauer Park in the fenced area is because dog waste and urine would contaminate the ground water. Council directed staff to come up with a solution to prevent people from using the fenced area at Klauer Park as a dog park such as removing the fence. Ms. Garza also explained that the reason the grass keeps dying at Jerry Gabe dog park is due to irrigation problems and the drought. Council requested that staff look into drought resistant alternatives to using sod or grass. Council directed staff to move forward with installing sod in the dog park, and keep half of the park open and close half of it to install the sod, and then install the sod on the other side and close it off.

Public Comment:

None.

G5. Report on Vista Park Hill
Recreation Services Manager Tina Garza gave a report and presentation on the plans for Park Hill, and answered questions from Council. Council requested a strategic plan and study be done to clarify what improvements have already been done, what still needs to be done, what the costs are, and the funding sources for each improvement stage. Council requested to begin with the dog park first, and include quotes in the next budget request.

Public Comment:

Valerie Egland addressed the Council.

Robin Pollard addressed the Council.

G6. MEHKO
City Manager Miller introduced Gracie Rodriguez and Roya Bagheri, Cook Alliance representative and Executive Director who gave a presentation on AB 626 - Homemade Food Operations Act, and Microenterprise Home Kitchen Operations ("MEHKO"). Ms.

Bagheri answered questions from Council, including that the City of San Juan Bautista and the San Benito County (SBC) Board of Supervisors have already expressed their support of MEHKO for SBC, and are hoping that the City of Hollister will also show support. She added that if the MEHKO program is approved by SBC Supervisors then they will implement the program and inspections for the entire County. Ms. Bagheri said that there is no State reimbursement funds for Counties for MEHKO, so the County Health Department would have to set their fees for the MEHKO permits to cover the cost of inspections and enforcement. Council Member Burns says he does not believe that the MEHKO program would be cost neutral for the City of Hollister, and is concerned about the funding stream to cover the City's costs of the program if approved. Council Member Resendiz requested that the County consider limited hours of operation if they approve MEHKO. Mayor Velazquez said the restrictions in the MEHKO program seem too strict for someone to be successful, and the program does not seem worthwhile if there are only 2 permits for the entire County, and requests that the County consider other options to make the program as successful as possible for the most amount of people who are interested in this type of program.

RECESS
Council took a recess at 8:44 pm. Council reconvened at 8:56 p.m.

E. PUBLIC HEARINGS
City Council Monday, May 2, 2022 Page 6 of 13

1. Resolution No. 2022-79 a Resolution of the City Council of the City of Hollister Declaring the Condition of Certain Properties to Constitute a Public Nuisance and Ordering the Abatement of Weeds Thereon, and Conducting a Hearing for the Receipt of Objection to the Proposed Abatement
Fire Marshall Charlie Bedolla gave a brief overview of the item and answered questions from Council. Council Member Burns suggested that the weed abatement be enforced year round through the City's Code Enforcement Division under the Police Department. He also said that the fees do not appear high enough to cover the Fire Department's time spent on handling weed abatement, and issuing fines is a way to get the property owners with frequent weed problems to comply. Fire Marshall Bedolla said that the Fire Department is re-evaluating their fees to see if any adjustments or increases need to be made including the weed abatement fees. He also clarified that the weed abatement handled by the Hollister Fire Department is for vacant lots within the City, any lots that have a business on them such as Dollar General, those citations are handled by Code Enforcement and Dollar General has already been issued a citation and compliance order by Code Enforcement for their weeds. Mayor Velazquez agreed with Council Member Burns that issuing a fine, such as $1,000, in addition to charging them the cost of abating the weeds is a way to increase compliance rather than only charging the cost of the weed abatement. He said there is a problem with property owners relying on the City to handle their weeds every year and not maintaining it year round as they should, in addition there is an increasing problem of trash and other debris on the vacant lots that needs to be addressed.

Public Hearing opened at 9:15 p.m.

No Comments
Public Hearing closed at 9:15 p.m.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-80 a Resolution of the City Council of the City of Hollister Declaring a Water Shortage Emergency and Implementing the Water Shortage Contingency Plans
Shawn Novack, Director of the San Benito County Water Resources Association, gave a brief summary of the item and answered questions from Council. He explained that by adopting the Resolution declaring that we are in stage 2 of the drought it automatically triggers the restrictions on water use, and that SBC Water District will send out notices and advertise to the community to educate everyone on City Council Monday, May 2, 2022 Page 7 of 13

the drought and restrictions. Additionally, he said that SBCWD offer support to the community with ways to help conserve water and prevent water leaks.

Public Comment:

None
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. Resolution No. 2022-81 a Resolution of the City Council of the City of Hollister Approving the Contribution of Funds to Bulldog Boxing Gym a Non-Profit Organization
This item was heard before item F1.

City Manager Miller introduced the item, and Zeke Lopez, owner of Bulldog Boxing to answer questions from Council. City Attorney Epperson said that the City is allowed to give a donation to a 501(c) non-profit organization if the City believes the services they provide are a benefit to the community and is a service that the City does not already provide.

Public Comment:

None
Council Member Burns made a motion to approve Resolution No. 2022-81, with the amendment that the amount contributed to Bulldog Boxing be increased to $30,000.

Motion seconded by Council Member Morales, and approved unanimously, 5-0-0-0.

RESULT: Adopted as Amended [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. Resolution No. 2022-82 a Resolution of the City Council of the City of Hollister Approving an Appropriation of $75,500 and a Professional Services Agreement with Peckham & McKenney Executive Search to Conduct Recruitment for Assistant City Manager, Administrative Services Director, and Development Services Director
City Council Monday, May 2, 2022 Page 8 of 13

City Manager Miller gave a brief summary of the item and answered questions from Council.

Public Comment:

None.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

4. Resolution No. 2022-83 a Resolution of the City Council of the City of Hollister Approving an Airport Access Permit (Through the Fence Agreement) with Zeroavia and Authorizes the City Manager to Execute such Agreement
City Manager Miller gave a brief summary of the item and answered questions from Council.

Public Comment:

Graham Mackie addressed the Council.

Ken Lindsay addressed the Council.

Renee Wells addressed the Council.

Will Mace addressed the Council.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

5. Resolution No. 2022-84 a Resolution of the City Council of the City of Hollister Approving a Downtown Revitalization Program- Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses, ADA Improvements Loan, Downtown Beautification Grant, and Sidewalk Repair Program.

City Manager Miller gave a brief summary of the item and answered questions from Council. Council Member Burns said he would like to see funds for lighting downtown and side streets, and possibly an audio PA system downtown. He also suggested dividing the sidewalk repair money evenly by district so that Council Members can make sure that the funds are distributed to improve sidewalks in all areas of the City.

City Council Monday, May 2, 2022 Page 9 of 13

Council voiced concern regarding ensuring that the business owner and the building owner are responsible for reimbursement of the loans if the business fails or closes.

Council Member Resendiz requested some ARPA funds be used to help business "go green", and suggested a pilot program for the downtown businesses first to get them on board with the transition. He said that a PA audio system may be hard to upkeep, but would be nice for parades and events. Council Member Morales said she would like Council to consider prioritizing using ARPA funds to cover tech costs, broadband, and fiber ops, before adding new ideas since the funds are limited.

Public Comment:

None
Council Member Burns made a motion to approve Resolution 2022-84, seconded by Council Member Resendiz, and approved unanimously, 5-0-0-0 Council directed staff to make sure that the ARPA loan contracts for business improvements holds the business owner and building owner responsible for repaying the loans, divide the $500,000 allocated for sidewalk improvements between the Council and Mayor to use ($100,000 per Council Member/Mayor), and upgrade or replace the lights downtown as the first block on the side streets. Council directed staff to prioritize the ARPA funds on what is already set to be accomplished first before considering funding new projects in the next phase if there is money leftover.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve
Council Member Burns - no reports.

Council Member Resendiz - Attended a Intergovernmental Committee meeting. He reported they discussed the Fire District, and the County is working on a County- wide flavored tobacco ban via Ordinance. He also said he would like to prioritize the creation of a Homelessness JPA. City Attorney Epperson said it's still in the planning stages. He reported from the COG meeting he attended that the State representatives were there and they were able to directly tell them their concerns about the State's demand for more single family homes, however, it seemed to fall on deaf ears which was disappointing. He said COG will continue to push back against the State's demands.

Vice Mayor Perez - no reports.

City Council Monday, May 2, 2022 Page 10 of 13

Council Member Morales - Attended an ad-hoc meeting to discuss the Rally and other local festivals and events and it was very productive. She reported that they discussed more communication and collaboration between the various local groups, discussed promotion and sponsorships for the 150th celebration, as well as parking concerns in the City. She said that they will continue to have more meetings on a regular basis.

Mayor Velazquez - Attended a CAL COG meeting and reported there is a big uproar among many cities statewide regarding the State's demands for more housing. He said that some progress is being made with initiatives on the ballot for the next election to keep the growth decision making in the individual City's control rather than the State.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Council Member Burns - Requested before the July break to receive a report from staff regarding substandard housing. He also requested clarity on graffiti and how it gets abated, and wants to publicize the SBC town hall on June 11th, regarding fentanyl awareness and narcan training. He agreed with Council Member Resendiz's suggestion to earmark a small amount of ARPA funds for a Greenwaste transition program for businesses.

Council Member Resendiz - Voiced support of ARPA funds for a Greenwaste transition support program. He requested confirmation that the Dollar General weeds and graffiti problems are being handled, and requested that the street lights on Piane Crati Court (behind Dollar General) have spikes on them to prevent bird waste from damaging cars parked on the street. He asked for an update on the plastic bag ban and if we can be more restrictive on plastic bags.

Vice Mayor Perez - Requested making a temporary loading zone in front of Gunnagle Funeral Home, they have hearses that are having a hard time finding a spot to park to transport loved ones for funerals which occur before 11:00 a.m. He asked for a status update on the light pole on McCarthy that looks like it's going to fall down. City Manager Miller responded that the light pole has been reported to PG&E. He requested a traffic study on the light at San Benito and Santa Ana, a 5 minute timer for presentations, and said he will be requesting the Christian flag be flown next year in light of the recent Supreme Court decision.

Council gave consensus to continue the meeting past 10 p.m. to go past 10 pm (consensus given)
Council Member Morales - Requested updates regarding an Ordinance to ensure that businesses are not being fined for stolen shopping carts, and an Ordinance amending City Code to address animal noises (other than barking dogs). She also requested a study session on Code Enforcement, regarding problem solving, seeking reimbursement for handling nuisance calls, as well as communication training to build relationships among neighbors regarding disputes. She requested that a list of resources for residents be added to the City's website, such as: local non-profits, water, Chamber of Commerce, housing assistance, food assistance and other community programs and resources. She also said she would like the list of Council Requests and Updates placed on the website for the public to be able to see City Council Monday, May 2, 2022 Page 11 of 13

the status of various requests and projects, as well as a link for new residents to verify if they are County or City residents.

Mayor Velazquez - Said he spent the day touring the community with Congresswoman Zoe Lofgren starting at City Hall discussing roads, Highway 25, mobility partnerships, toured San Benito High School, Gavilan College, the reservoir, met with SBC Supervisors, and finished with a tour of Casa De Fruta. He thanked Ms. Lofgren for coming out and spending time learning about our community. He voiced his frustration that the alley by the Hollister Gavilan campus and part of 5th Street has been blocked off for over a year by developers for their dumpsters. He understands allowing 2-3 days, but allowing them to continuously block alleys and streets should not be allowed and they should be charged fines. He requested that the City Code be updated to stop developers from being allowed to encroach in alleys and streets with their equipment and dumpsters. He also wants to solve the parking fee problem for the Briggs Parking Garage, so the fees cover the costs of maintaining it. He said that a lot of new street lights now are LED lights that save money, but they are often too bright and take away from the natural beauty of seeing the stars at night, and supports discussing a dark sky Ordinance to avoid light pollution from LED lights.

Brett Miller - no reports.

City Attorney - no reports.

Chief Reynoso - Reported there will be a DUI checkpoint on Cinco De Mayo and encouraged everyone to make sure they have a designated driver and be safe.

Deputy Clerk Romero - no reports.

3. Item moved up earlier in the meeting

4. Item moved up earlier in the meeting

5. Item moved up earlier in the meeting

6. Item moved up earlier in the meeting

7. Zoom Continuance for Council Meetings and Other Legislative Body Meetings
Deputy City Clerk Romero gave a brief summary of the item, and requested direction from Council.

Public Comment:

Jon Casey addressed Council.

Council gave consensus to continue providing Zoom participation links on agendas for the public, with a disclaimer to use at your own risk.

City Council Monday, May 2, 2022 Page 12 of 13

RESULT: Consensus
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

H. UNFINISHED BUSINESS

1. City Council Requests of City Staff
Deputy City Clerk Romero gave a brief summary of the item and asked Council for any feedback.

City Manager Miller suggested adding a column for "status" on the spreadsheets so that staff can keep Council updated on the current status, and Council directed City Clerk staff to include this for next time. Council Burns requested that the list be put on the website under the City Council page so the public is aware of the status and progress of the items.

I. NEW BUSINESS
J. MISCELLANEOUS
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY

1. Annual Report on the Hollister Successor Agency Low and Moderate Income Housing Asset Fund for Fiscal Year 2020-21
Housing Coordinator Jamila Saaqa gave a brief summary of the item and answered questions from Council. Council said that a presentation on the RDA would be beneficial before accepting the report, and a separate item/presentation on grants for low income housing before accepting the report.

Council Member Burns made a motion to withdraw the annual report, and come back with an in depth presentation and report for acceptance, seconded by Council Member Resendiz, and approved unanimously, 5-0-0-0.

L. ADJOURNMENT
Council Member Burns made a motion to adjourn the meeting at 10:56 p.m, seconded by Council Member Morales. Motion carried unanimously, 5-0-0-0 Respectfully submitted,
Nova Romero, MMC
Deputy City Clerk
City Council Monday, May 2, 2022 Page 13 of 13

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