Tuesday, July 9, 2024
Regular Meeting –
1:30 PM
The City Clerk/Agency/Authority Secretary hereby declares the agenda was posted by 5:00 p.m. on
July 5, 2024
at the entrance to Lancaster City Hall
44933 Fern Avenue, Lancaster, CA 93534
LEGISLATIVE BODY
City Council/Successor Agency/Financing/Power Authority Mayor/Chair R. Rex Parris
Vice Mayor/Vice Chair Marvin Crist
Council Member/Agency Director/Authority Lauren Hughes-Leslie Council Member/Agency Director/Authority Member Raj Malhi Council Member/Agency Director/Authority Member Ken Mann
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 1 ~
AGENDA ITEMS TO BE REMOVED
Sometimes
it
is
necessary
to
remove
items
from
the
agenda.
We
apologize
for
any
inconvenience
this
may cause you.
PUBLIC BUSINESS FROM THE FLOOR - AGENDIZED
ITEMS
Any
person
who
would
like
to
address
the
Legislative
Bodies
on
any
agendized
item
is
requested
to
complete
a
speaker
card
for
the
City
Clerk/Agency/Authority
Secretary
and
identify
the
agenda
item
you
would
like
to
discuss.
Each
person
will
be
given
an
opportunity
to
address
the
Legislative
Body
at
the
time
such
item
is
discussed.
Speaker
cards
are
available
at
the
rear
of
the
Council
Chambers
and
your
speaker
card
must
be
filled
out
prior
to
the
agenda
item
being
called.
We
respectfully
request
that
you
fill
the
cards
out
completely
and
as
clearly
as
possible.
Following
this
procedure
will
allow
for
a
smooth
and
timely
process
for
the
meeting
and
we
appreciate
your
cooperation.
Individual speakers are limited to three (3) minutes each.
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
LEVINE ACT/GOVERNMENT CODE SECTION 84308
Parties
to
any
proceeding
involving
a
license,
permit,
or
other
entitlement
for
use
pending
before
the
City
Council
must
disclose
any
campaign
contribution
over
$250
(aggregated)
within
the
preceding
12 months
made
by
the
party,
their
agent,
and
those
required
to
be
aggregated
with
their
contributions
under
Gov.
Code
Section
82015.5.
The
disclosure
must
include
the
amount
contributed
and
the
name(s)
of
the
contributor(s).
Consent
Calendar
items
under
the
Legislative
Body
may
be
acted
upon
with
one
motion,
a
second
and
the
vote.
If
you
desire
to
speak
on
an
item
or
items
on
the
Consent
Calendar,
you
may
fill
out
one
speaker
card
for
the
Consent
Calendar.
You
will
be
given
three
minutes,
unless
a
different
time
limit
is
announced,
to
address
your
concerns
before
the
Legislative
Body
takes
action
on
the
Consent
Calendar.
“G.C.
Section
84308:
Yes”
on
this
agenda
indicates
that
the item is subject to these regulations.
CALL TO ORDER
City Council/Successor Agency/Financing/Power/California Choice Energy Authority
ROLL CALL
City Council Members /Agency Directors /Authority Members: Hughes-Leslie, Malhi, Mann; Vice Mayor/ Vice Chair Crist, Mayor/Chair Parris
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 2 ~
COUNCIL ACTIONS
CONSENT CALENDAR
INVOCATION
PLEDGE OF ALLEGIANCE
CC 1.
Waive
further
reading
of
any
proposed
ordinance.
(This
permits
reading
the
title
only
in
lieu
of reciting the entire text.)
CC 2.
Approve
the
City
Council/Successor
Agency/Financing/Power
Authority
Regular
Meeting
Minutes of June 25, 2024.
CC 3.
Check Registers – June 09, 2024, through June 22, 2024
Recommendation(s):
Approve
the
Check
and
Wire
Registers
for
payments
made
June
09,
2024,
through
June
22,
2024, in the amount of $5,020,259.48 as presented.
At
each
regular
City
Council
Meeting,
the
City
Council
is
presented
with
a
check
and
ACH/wire
registers
listing
the
financial
claims
(invoices)
against
and
paid
by
the
City
for
the
purchase
of
materials,
supplies,
services,
and
capital
projects
during
the
prior
three
to
four
weeks.
CC 4.
Authorization
to
Execute
the
2024
Amended
and
Restated
Memorandum
of
Understanding
(Antelope Valley Regional Water Management Group IRWMP Cost Sharing)
Recommendation(s):
Authorize
the
City
Manager
to
execute
the
2024
Amended
and
Restated
Memorandum
of
Understanding (Antelope Valley Regional Water Management Group IRWMP Cost Sharing).
The
City
became
involved
in
the
Regional
Water
Management
Group
in
2007
to
pursue
grant
funding
and
facilitate
implementation
of
the
Integrated
Regional
Water
Management
Plan
(“IRWMP”),
which
was
adopted
by
the
City
in
late
2007.
An
update
of
the
IRWMP
is
needed
identify
Antelope
Valley
Region
water
management
issues,
update
current
supply
and
demand
projections,
and
comply
with
the
Department
of
Water
Resources
guidelines
for
grant eligibility.
CC 5.
SPR 19-07 - Acceptance of Improvements (Sewer)
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 3 ~
Recommendation(s):
Approve
the
following
developer
installed
sanitary
sewer
and
accept
the
sewer
for
maintenance by the City and for public use:
Project No.
Private Contract No.
Location/Owner
Site
Plan
Review
No.
19-07
21-01
Southeast
Corner
17 Street
East
and Avenue J-2
Owner:
Lancaster 690, LP
The
listed
sanitary
sewer
has
been
constructed
and
completed
by
the
developer
according
to
the
approved
plans
and
specifications.
The
work
has
been
inspected
and
found
to
be
satisfactory to the Director of Public Works.
CC 6.
SPR 19-07 - Acceptance of Improvements (Water)
Recommendation(s):
Approve the completed water system installed by the developer for the following project:
Project No.
Location/Owner
Site Plan Review No. 19-07 Southeast Corner 17th St East and Ave J-2
Owner: Lancaster 690, LP
The
water
system
for
this
project
has
been
constructed
and
completed
to
the
satisfaction
of
the
local
water
purveyor,
Los
Angeles
County
Waterworks
District
40-04,
Antelope
Valley,
and was constructed according to the approved plans and specifications.
CC 7.
Authorization
to
Initiate
Annexation
Proceedings
for
Westside
Annexation
with
the
Local
Agency Formation Commission of Los Angeles County
Recommendation(s):
Adopt
Resolution
No.
,
authorizing
staff
to
initiate
annexation
proceedings
with
the
Local
Agency
Formation
Commission
for
the
County
of
Los
Angeles
for
the
Westside
Annexation
The
City
of
Lancaster
has
irregular
boundaries
and
limited
industrially
zoned
property
of
suitable
size
to
accommodate
the
larger
scale
industrial
and
commercial
developments
necessary
for
the
City’s
economic
success.
As
such,
the
City
is
pursuing
the
annexation
of
approximately 14.5 square miles on the northern boundary of the City.
CC 8.
Lancaster Landscape Maintenance District No. 1 Annual Assessment for Fiscal Year 2024/25
Recommendation(s):
a.
Adopt
Resolution
No.
,
generally
describing
any
proposed
improvements
or
substantial
changes
in
existing
improvements,
and
ordering
the
assessment
engineer,
Harris
&
Associates,
to
prepare
and
file
a
report
for
Lancaster
Landscape
Maintenance
District
No.
1 and
Fox
Field
Industrial
Corridor
Landscape
Maintenance
District,
pursuant
to
provisions
of
the
Landscaping
and
Lighting
Act
of
1972
of
the
Streets
and
Highways
Code
of
the
State
of California.
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 4 ~
b.
Adopt
Resolution
No.
,
preliminarily
approving
the
Engineer's
Report,
fixing
time
and
place
for
public
hearing
on
the
levy
of
the
proposed
assessment,
and
declaring
its
intention
to
levy
and
collect
assessments
within
Lancaster
Landscape
Maintenance
District
No.
1 and
Fox
Field
Industrial
Corridor
Landscape
Maintenance
District,
pursuant
to
Part
2 of Division 15 of the Streets and Highways Code of the State of California.
Each
year
the
City
Council
must,
by
law,
order
the
preparation
of
an
Engineer's
Report
describing
the
existing
and
proposed
maintenance
services,
and
conduct
a
public
hearing
to
establish and order the amount of assessment for the next fiscal year.
CC 9.
Lancaster Lighting Maintenance District Annual Assessment for Fiscal Year 2024/25
Recommendation(s):
a.
Adopt
Resolution
No.
,
generally
describing
any
proposed
improvements
or
substantial
changes
in
existing
improvements,
and
ordering
the
assessment
engineer,
Harris
&
Associates,
to
prepare
and
file
a
report
for
Lancaster
Lighting
Maintenance
District,
pursuant
to
provisions
of
the
Landscaping
and
Lighting
Act
of
1972
of
the
Streets
and
Highways Code of the State of California; and
b.
Adopt
Resolution
No.
,
preliminarily
approving
the
Engineer’s
Report,
fixing
time
and
place
for
public
hearing
on
the
levy
of
the
proposed
assessment,
and
declaring
its
intention
to
levy
and
collect
assessments
within
Lancaster
Lighting
Maintenance
District,
pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California.
Each
year,
the
City
Council
must,
by
law,
order
the
preparation
of
an
Engineer’s
Report
describing
the
existing
and
proposed
maintenance
services,
and
conduct
a
public
hearing
to
establish and order the amount of assessment for the next fiscal year.
CC 10.
Lancaster Maintenance District Annexations
Recommendation(s):
1. Authorize
Staff
to
Initiate
Proceedings
to
Conduct
a
Public
Hearing,
tabulate
the
returned
ballots, and announce results at July 23 Council Meeting.
2. Adopt
Resolution
No.
,
Initiating
Proceedings
for
Annexations
into
the
Lancaster
Maintenance Districts.
3. Adopt
Resolution
No.
,
approving
the
Engineer’s
Report,
Announcing
the
Time
and
Place
for
a
Public
Hearing,
and
Its
Intention
to
Annex
into
the
Lancaster
Maintenance
Districts and to Levy and Collect Assessments Therein.
The
Lancaster
Maintenance
Districts,
separately
known
as
the
Lancaster
Lighting
Maintenance
District,
the
Landscape
Maintenance
District
and
the
Drainage
Maintenance
District
(“Districts”)
were
formed
to
provide
a
dedicated
funding
source
for
the
maintenance,
operations,
servicing
and
installation
of
public
lighting,
public
landscaping
and
public
drainage facilities within the City of Lancaster.
CC 11.
Lancaster Drainage Benefit Assessment District Annual Assessment for Fiscal Year 2024/25
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 5 ~
Recommendation(s):
a.
Adopt
Resolution
No.
24-_
_
,
generally
describing
any
proposed
improvements
or
substantial
changes
in
existing
improvements
and
ordering
the
assessment
engineer
to
prepare and file a report for Lancaster Drainage Benefit Assessment District. b.
Adopt
Resolution
No.
24-_
_
,
preliminary
approving
the
Engineer's
Report,
fixing
time
and
place
for
public
hearing
on
the
levy
of
the
proposed
assessment,
and
declaring
its
intention
to
levy
and
collect
assessments
within
Lancaster
Drainage
Benefit
Assessment
District.
Each
year,
thereafter,
the
City
Council,
after
public
notice
and
hearing,
may
determine
and
impose
an
annual
assessment.
Due
to
the
cost
and
complexity
of
accounting
for
separate
zones
of
benefit
within
the
District,
separate
zone
designations
were
eliminated
in
1992
per
Resolution 92-134, by City Council action.
CC 12.
Authorization
to
Initiate
Annexation
Proceedings
for
Eastside
Annexation
with
the
Local
Agency Formation Commission of Los Angeles County
Recommendation(s):
Adopt
Resolution
No.
,
authorizing
staff
to
initiate
annexation
proceedings
with
the
Local
Agency
Formation
Commission
(LAFCO)
for
the
County
of
Los
Angeles
for
the
Eastside Annexation
The
proposed
annexation
would
create
logical
city
boundary
lines,
provide
additional
large
parcels
of
land
which
could
be
developed
with
uses
that
would
support
the
economic
health
of
the
City,
and
would
include
zoning
for
rural
residential
development
consistent
with
the
city’s character and history.
CC 13.
Award
Contract
for
Request
for
Proposal
827-24-Tree
Trimming
Services
to
Tip
Top
Arborists, Inc
Recommendation(s):
1. Award
contract
for
Request
for
Proposal
(RFP)
827-24-Tree
trimming
Services
to
Tip
Top
Arborists,
Inc.
in
the
amount
of
$544,506
for
tree
trimming
services
for
contract
year
one
(July
2024-June
2025)
and
an
increase
of
up
to
a
maximum
of
5%
for
a
Consumer
Price
Increase
(CPI)
for
the
second
and
third
years,
plus
the
two
additional
one-year
extension
options
2. Find
that
this
item
is
not
a
project
under
the
California
Environmental
Quality
Act
(CEQA).
3. Authorize the City Manager, or his designee, to sign all documents.
The
City
of
Lancaster
maintains
an
Urban
Forest
consisting
of
over
20,000
trees.
Services
covered
through
this
contract
include
trimming,
planting,
and
removal
of
trees
located
in
the
City’s
easement/right-of-way,
on
main
thoroughfares,
within
parks,
and
in
maintenance
districts throughout the City.
CC 14.
Memorandum
of
Understanding
between
the
Cities
of
Lancaster
and
Palmdale
Prohibiting
the Use of Incentives to Relocate Existing Vehicle Dealerships
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 6 ~
PUBLIC HEARING
NEW BUSINESS
Recommendation(s):
1. Authorize
the
City
Manager
or
his
designee
to
negotiate,
finalize,
and
execute
a
memorandum
of
understanding
(MOU)
with
the
City
of
Palmdale
to
prohibit
the
use
of
incentives
to
relocate
existing
vehicle
dealerships,
in
a
form
to
be
approved
by
the
City
Attorney.
2. Authorize the City Manager to finalize and execute all related documents.
Vehicle
dealerships
are
major
sales
tax
generators
for
California
cities.
As
a
result,
jurisdictions
often
go
to
great
lengths,
including
offering
sales
tax
rebates
and
other
incentives,
to
attract
and
retain
dealerships.
In
order
to
avoid
these
negative
impacts,
it
would
be
beneficial
for
the
cities
of
Palmdale
and
Lancaster
to
work
together
to
prevent
this
practice from occurring in the future.
PH 1.
Removal
of
Prime
Farmland
Mitigation
from
the
Certified
Final
Program
Environmental
Impact Report for the Eastside Overlay Project (SCH # 2022100641)
Recommendation(s):
Adopt
Resolution
No.
,
removing
the
Prime
Farmland
Mitigation
Measure
from
the
certified
Final
Program
Environmental
Impact
Report
for
the
Eastside
Overlay
Project
(SCH
#
2022100641)
and
adopting
the
revised
Mitigation
Monitoring
and
Reporting
Program
(MMRP)
As
part
of
the
Final
EIR,
mitigation
measures
were
included
to
reduce
impacts
to
less
than
significant
levels
for
a
variety
of
resource
areas
including
potential
impacts
to
Prime
Farmland.
The
mitigation
measure
for
Prime
Farmland
requires
the
replacement
of
Prime
Farmland at a 1:1 ratio within Los Angeles County.
NB1.
Resolution
Calling
for
the
Holding
of
a
Special
Municipal
Election
&
Resolution
Requesting
the
Board
of
Supervisors
of
the
County
of
Los
Angeles
to
Consolidate
a
Special
Municipal
Election to be held on Tuesday, November 5, 2024
Recommendation(s):
(1)
Adopt
Resolution
No.
_____
(the
“Election
Resolution”),
calling
for
the
holding
of
a
Special
Municipal
Election
to
be
held
on
Tuesday,
November
5,
2024,
for
the
submission
to
the
voters
a
proposed
measure
relating
to
an
ordinance
enacting
a
transactions
and
use
tax
to
be administered by the California Department of Tax and Fee Administration. (2)
Adopt
Resolution
No._____
(the
“Consolidation
Resolution”),
requesting
the
Board
of
Supervisors
of
the
County
of
Los
Angeles
to
consolidate
a
Special
Municipal
Election
to
be
held
on
November
5,
2024,
with
the
Statewide
General
Election
to
be
held
on
that
date
pursuant to Section 10403 of the Elections Code.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 7 ~
COUNCIL AGENDA
COUNCIL REPORTS
On
June
25,
2024,
the
City
Council
adopted
Resolution
No.
24-34,
which
ordered
that
an
ordinance
be
submitted
to
the
voters
at
a
municipal
election
to
be
held
on
November
5,
2024,
approving
enacting
an
amendment
to
the
City’s
transaction
and
use
tax.
The
resolutions
currently under consideration implement Resolution No. 24-34.
CA1.
Discussion
and
possible
action
regarding
appointment
of
Chief
Executive/City
Manager
and
authorization to execute Chief Executive/City Manager contract.
Presenter: Mayor R. Rex Parris
CA2.
Discussion
and
possible
action
regarding
Lancaster
Energy
CEO
appointment
and
authorization to execute amendment to employment agreement.
Presenter: Mayor R. Rex Parris
CR1.
Council Reports
LANCASTER HOUSING AUTHORITY
No action required at this time.
LANCASTER FINANCING AUTHORITY
No action required at this time.
LANCASTER POWER AUTHORITY
No action required at this time.
LANCASTER SUCCESSOR AGENCY
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
~ 8 ~
No action required at this time.
CITY MANAGER / EXECUTIVE DIRECTOR ANNOUNCEMENTS
CITY CLERK/AGENCY/AUTHORITY SECRETARY ANNOUNCEMENT
PUBLIC BUSINESS FROM THE FLOOR - NON-AGENDIZED ITEMS
This portion of the agenda allows an individual the opportunity to address the Legislative Bodies on any item
NOT ON THE AGENDA
regarding City/Agency/Authority business and speaker cards must be submitted
prior
to the beginning of this portion of the Agenda. Please complete a speaker card for the City Clerk/Agency/Authority Secretary and identify the subject you would like to address. We respectfully request that you fill the cards out completely and print as clearly as possible. Following this procedure will allow for a smooth and timely process for the meeting and we appreciate your cooperation. State law prohibits the Legislative Body from taking action on items not on the agenda and your matter may be referred to the City Manager/Executive Director.
Individual
Speakers are limited to three (3) minutes each unless a different time limit is announced.
CITY COUNCIL / AGENCY/ AUTHORITY COMMENTS
CLOSED SESSION
1. Conference with Legal Counsel - Anticipated Litigation: significant exposure to litigation pursuant to Government Code
Section 54956.9(d) (2) - two potential cases.
2. Conference with Legal Counsel - Anticipated Litigation: consideration of initiation of litigation pursuant to Government Code Section 54956.9(d) (4) - two potential cases.
3. Conference Involving a Joint Powers Agency: Antelope Valley Air Quality Management District Pursuant to Government Code Section 54956.96 Discussion will concern: Antelope Valley Air Quality Management District v. United States Environmental Protection
Agency, et al. 9
Cir. Case No. 23-1614 Name of local agency representative on joint powers agency board: Marvin Crist, Ken Mann
4. Antelope Valley Groundwater Cases Included Action:
Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Los Angeles, Case No. BC325201; Los Angeles County Waterworks District No. 40 v. Diamond Farming Co.
Superior Court of California, County of Kern, Case No. S-1500-CV-254-348; Wm. Bolthouse Farms, Inc. v. City of Lancaster, Diamond Farming Co. v.
City of Lancaster, Diamond Farming Co. v. Palmdale Water District Superior Court of California County of Riverside, consolidated actions; Case Nos. RIC 353 840, RIC 344 436, RIC 344 668
th
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
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5. Brisa Mahoney, et al. v. City of Lancaster, et al., LASC Case No. 2OSTCV02556
6. Romines v. City of Lancaster, et al,, LASC Case No. 20 AVCV00345
7. Moujan v. City of Lancaster et al., LASC Case No. 20 AVCV00205
8. Lancaster v. Netflix, et al., LASC 21STCV01881
9. Lancaster v. Rives
10. Castro v. Lancaster
11. Montenegro v. Green, LASC Case No. 22 AVCV01050
12. Perez v. Lancaster, LASC Case No. 23 AVCV00577
13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 3135-024-014
Agency negotiators: Chenin Dow and Allison Burns
Negotiating parties: Om Sai Ram Inc.
Under negotiation: price and terms of payment
14. City of Whittier v. Superior Court, LASC Case No. 23 STCP03579
ADJOURNMENT
Next Regular Meeting:
July 23, 2024 at 1:30 PM
MEETING ASSISTANCE INFORMATION
In
compliance
with
the
Americans
with
Disabilities
Act,
this
meeting
will
be
held
at
a
location
accessible
to
persons
with
disabilities;
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk
at
(661)723-6020.
Services
such
as
American
Sign
Language
interpreters,
a
reader
during
the
meeting,
and/or
large
copies
of
the
agenda
are
available.
To
ensure
availability,
you
are
advised
to
make
your
request
at
least
72 hours
prior
to
the
meeting/event
you
wish
to
attend.
Due
to
difficulties
in
securing
sign
language
interpreters,
five
or
more
business
days
notice
is
strongly
recommended.
For
additional
information,
please
contact
the
City
Clerk
at
(661)723-6020.
AGENDA ADDENDUM INFORMATION
On
occasion
items
may
be
added
after
the
agenda
has
been
mailed
to
subscribers.
Copies
of
the
agenda
addendum
item
will
be
available
at
the
City
Clerk
Department
and
are
posted
with
the
agenda
on
the
windows
of
the
City
Council
Chambers.
For
more
information,
please
call
the
City
Clerk
Department at (661) 723-6020.
All documents available for public review are on file with the City Clerk Department.
CITY OF LANCASTER, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/FINANCING/POWER AUTHORITY REGULAR MEETING AGENDA –
TUESDA Y, 07/09/2024
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