HomeMy WebLinkAboutMinutes - April 6, 2022LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, APRIL 6, 2022
The City Council Closed Session meeting of April 6, 2022, was called to order by Mayor Pro
Tempore Hothi at 6:33 p.m.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and
Mayor Pro Tempore Hothi
Absent: Mayor Chandler
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
At 6:33 p.m., Mayor Pro Tempore Hothi adjourned the meeting to a Closed Session to discuss
the above matters. The Closed Session adjourned at 7:09 p.m.
At 7:09, Mayor Pro Tempore Hothi reconvened the City Council meeting, and City Attorney
Magdich disclosed the following actions.
Item C-2a) was discussion and authority given with no further reportable action.
The Regular City Council meeting of April 6, 2022, was called to order by Mayor Pro Tempore
Hothi at 7:09 p.m.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor
Pro Tempore Hothi, and Mayor Chandler
Absent: None
Also Present: City Manager Schwabauer, City Attorney Magdich, and Assistant City Clerk Farris
C-1 Call to Order / Roll Call
C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City
Manager (Labor Negotiators), Regarding Lodi City Mid-Management Association,
AFSCME General Services and Maintenance & Operators, Police Mid-Managers, Lodi
Police Officers Association, Lodi Police Dispatchers Association, Lodi Professional
Firefighters, Lodi Fire Mid-Management, International Brotherhood of Electrical Workers,
Confidential General Services, Confidential Mid-Managers, Executive Managers, and
Appointed Employees Pursuant to Government Code §54957.6 (CM)
C-3 Adjourn to Closed Session
C-4 Return to Open Session / Disclosure of Action
A.Call to Order / Roll Call
G. Public Hearings
G-1 Public Hearing to Receive and Consider Final 2020 Census Data and Obtain Input from
the Public Regarding Redrawing of Election District Boundaries, Adopt Resolution; and
Introduce Ordinance Adopting Council’s Preferred Map Designating Revised City Council
Districts and Boundaries (CA)
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Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Pro Tempore Hothi called for the public hearing to receive
and consider final 2020 census data and obtain input from the public regarding redrawing of
election district boundaries, adopt a resolution and introduce an ordinance adopting the Council's
preferred map designating the revised City Council districts and boundaries.
Shalice Tilton, of Nation Demographics Corporation, provided a PowerPoint presentation
regarding redistricting draft maps. Specific topics of discussion included redistricting timeline,
redistricting rules and goals, existing districts, preferred map (Yellow Map), Green Map, Orange
Map, and Public 501 Map.
City Attorney Magdich noted that two workshops were held, with only one attendee, and only one
map was presented by a member of the public. That map is not recommended, as noted in the
presentation.
Council Member Nakanishi stated that Council has spent a lot of time studying this issue and that
he supports the Yellow map as it leaves the districts basically intact and has the least disruption
for voters.
Mayor Pro Tempore Hothi opened the public hearing for public comment.
There being no public comments, Mayor Pro Tempore Hothi closed the public hearing.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to adopt
Resolution No. 2022-70 adopting Council's preferred map (Yellow Map) designating revised City
Council districts and boundaries.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Council Member Kuehne made a motion, second by Council Member Nakanishi, to introduce
Ordinance No. 1996 adopting Council's preferred map (Yellow Map) designating revised City
Council districts and boundaries.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Mayor Pro Tempore Hothi presented a proclamation to Animal Services Officer Katie Kooyman
and volunteers Tammy Neadle, Deanne Yocum, and Brenda Metcalf proclaiming April 10-16,
2022 as National Animal Control Officer Appreciation Week in the City of Lodi.
B.Presentations
B-1 National Animal Control Officer Appreciation Week Proclamation (PD)
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Mayor Pro Tempore Hothi presented a proclamation to Jaime Worthen, Lead Dispatcher and
President of the Lodi Police Dispatchers Association, proclaiming April 10-16, 2022 as National
Public Safety Telecommunicators Week in the City of Lodi.
Mayor Pro Tempore Hothi presented a proclamation proclaiming April 17-23, 2022 as National
Volunteer Week in the City of Lodi. Those in attendance included Bill Hinkle, Jeanne Stoller,
Hugh Metcalf, Ron Oye, and Michiko Oye with the Sister City Committee; Claire Selling,
Benjamin Plath, and Elijah Plath with the Lodi Youth Commission; Frances McDougal-Faught,
Marty Duplichan, Margaret Fitch, Joan Nielson, Zola Liner, Jeanette McCusker, Phil Ochoa, and
Delores Westertrep with the Hutchins Street Square ushers; Nancy Mellor, Kelli Perrault, Carolyn
Ross, Stacey Ardelean, and Hayley Johns with the Lodi Arts Foundation; Nancy Mellor and
Orchid Shue with the Lodi Arts Commission; Dylan O'Ryan with Storm Drain Detectives; and Stan
Sogsti, Mary Eggers, and Chet Somera with the Lodi Partners.
Pastor Glen Barnes provided a presentation regarding the upcoming Love Lodi event that will
take place on April 30, 2022. He invited everyone to the kickoff rally at 9 a.m. at Hutchins Street
Square and referred interested volunteers to the website at lovelodi.org.
Mayor Pro Tempore Hothi presented a proclamation to Mr. Hamad, scholar and Imam for Al-Aqsa
Center, recognizing the observance of Ramadan in the City of Lodi.
Council Member Kuehne made a motion, second by Council Member Khan, to approve the
following items hereinafter set forth, except those otherwise noted, in accordance with the
report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Claims were approved in the amount of $3,885,945.95.
B-2 National Public Safety Telecommunicators Week Proclamation (PD)
B-3 National Volunteers Week Proclamation (PD)
B-4 Presentation Regarding Love Lodi Event (April 30, 2022) (CLK)
B-5 Ramadan Celebration Proclamation (CLK)
C.Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on
the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a
consent calendar item pulled and discussed separately, refer to the Notice at the beginning
of this agenda.
C-1 Receive Register of Claims for February 25, 2022 through March 10, 2022 in the Total
Amount of $3,885,945.95 (FIN)
C-2 Approve Minutes (CLK)
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The minutes of March 2, 2022 (Regular Meeting); March 8, 2022 (Shirtsleeve Session);
March 15, 2022 (Shirtsleeve Session); March 16, 2022 (Regular Meeting); March 22, 2022
(Shirtsleeve Session); and March 29, 2022 (Shirtsleeve Session) were approved as written.
Adopted Resolution No. 2022-71 authorizing the City Manager to waive the bid process and
purchase a submersible pump assembly from Shape, Inc., of Pleasanton, for Shady Acres Storm
Lift Station, in the amount of $33,771.
Approved plans and specifications and authorized advertisement for bids for Garfield Street Safe
Routes to School Project.
Approved plans and specifications and authorized advertisement for bids for Wastewater Main
Rehabilitation Program (Project No. 9).
Adopted Resolution No. 2022-72 awarding the contract for 2022 Pavement Crack Seal Project to
Global Road Sealing, Inc., of Garden Grove, in the amount of $72,573.38, and appropriating
funds in the amount of $22,574.
Adopted Resolution No. 2022-73 awarding the contract for Lodi Gun Range Ventilation
Improvement Project to Diede Construction, Inc., of Woodbridge, in the amount of $397,700;
authorizing the City Manager to execute contract extensions and change orders in an amount not
to exceed $60,000; appropriating funds in the amount of $200,000; and accepting a donation
from the Lodi Police Foundation in the amount of $200,000.
Adopted Resolution No. 2022-74 authorizing the City Manager to execute additional change
orders for the Lodi Electric Utility Office Remodel Project with Diede Construction, Inc., of
Woodbridge, in an amount not to exceed $500,000, and appropriating funds in the amount of
$500,000.
C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase
Submersible Pump Assembly from Shape, Inc., of Pleasanton, for Shady Acres Storm Lift
Station ($33,771) (PW)
C-4 Approve Plans and Specifications and Authorize Advertisement for Bids for Garfield Street
Safe Routes to School Project (PW)
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Wastewater
Main Rehabilitation Program (Project No. 9) (PW)
C-6 Adopt Resolution Awarding Contract for 2022 Pavement Crack Seal Project to Global
Road Sealing, Inc., of Garden Grove ($72,573.38), and Appropriating Funds ($22,574)
(PW)
C-7 Adopt Resolution Awarding Contract for Lodi Gun Range Ventilation Improvement Project
to Diede Construction, Inc., of Woodbridge ($397,700), Authorizing City Manager to
Execute Contract Extensions and Change Orders ($60,000), Appropriating Funds
($200,000), and Accepting Donation from Lodi Police Foundation ($200,000) (PW)
C-8 Adopt Resolution Authorizing City Manager to Execute Additional Change Orders for Lodi
Electric Utility Office Remodel Project with Diede Construction, Inc., of Woodbridge
($500,000) and Appropriating Funds ($500,000) (PW)
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This item was pulled by Council Member Nakanishi for more information.
In response to Council Member Nakanishi, City Manager Schwabauer explained the scope of
improvements of the project.
Council Member Nakanishi made a motion, second by Council Member Kuehne, to accept
improvements under the contract for Laurel Avenue Storm Drainage Improvements.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
This item was pulled by Council Member Nakanishi for more information.
In response to Council Member Nakanishi, City Manager Schwabauer stated that it would be
expensive to clean storm water in the manner in which wastewater is cleaned. He explained that
wastewater arrives in a fairly predictable volume, whereas storm water is difficult to plan for.
Public Works Director Swimley further stated that the 1964 Storm Drain Master Plan planned
parks that serve as retention basins, which help to recharge the groundwater.
Council Member Nakanishi made a motion, second by Council Member Khan, to adopt
Resolution No. 2022-75 authorizing the City Manager to execute a Professional Services
Agreement with West Yost & Associates, Inc., of Davis, for recycled water supply and land
application alternatives evaluation, in the amount of $93,500.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Adopted Resolution No. 2022-76 authorizing the City Manager to execute Amendment No. 1 to
extend the term limit to March 31, 2023 for the Professional Services Agreement with
PlaceWorks, a California Corporation, to prepare an Environmental Impact Report and provide
technical services for Sphere of Influence and Municipal Services Review update.
C-9 Accept Improvements Under Contract for Laurel Avenue Storm Drainage Improvements
(PW)
C-10 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with West Yost & Associates, Inc., of Davis, for Recycled Water Supply and Land
Application Alternatives Evaluation ($93,500) (PW)
C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Extend Term
Limit to March 31, 2023 for Professional Services Agreement with PlaceWorks, a
California Corporation, to Prepare Environmental Impact Report and Provide Technical
Services for Sphere of Influence and Municipal Services Review Update (CD)
C-12 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement for Lower
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This item was pulled by Council Member Nakanishi for more information.
City Manager Schwabauer provided details on the improvements required by the Improvement
Agreement, including a parkway and meandering sidewalk.
Council Member Nakanishi made a motion, second by Council Member Kuehne, to adopt
Resolution No. 2022-77 authorizing the City Manager to execute an Improvement Agreement for
Lower Sacramento Road Street Improvements (Century Boulevard to 510 feet north of Century
Boulevard) (Benjamin Apartment Complex).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
This item was pulled by City Manager Schwabauer in order to welcome the new City Clerk, Olivia
Nashed.
Following the vote, Ms. Nashed thanked the Council for the opportunity and stated she was
looking forward to working in the Lodi community.
Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution
No. 2022-78 appointing Olivia Nashed to the position of City Clerk pursuant to Government Code
Section 54957, and approving related employment agreement.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Adopted Resolution No. 2022-79 authorizing the City Manager to execute funding documents
with California Department of Transportation for allocation of Fiscal Year 2021/22 Low Carbon
Transit Operations Program funds.
Adopted Resolution No. 2022-80 authorizing the City Manager to process a payment to League
Sacramento Road Street Improvements (Century Boulevard to 510 Feet North of Century
Boulevard) (Benjamin Apartment Complex) (PW)
C-13 Adopt Resolution Appointing Olivia Nashed to Position of City Clerk Pursuant to
Government Code Section 54957, and Approving Related Employment Agreement
(Mayor)
C-14 Adopt Resolution Authorizing City Manager to Execute Funding Documents with California
Department of Transportation for Allocation of Fiscal Year 2021/22 Low Carbon Transit
Operations Program Funds (PW)
C-15 Adopt Resolution Authorizing City Manager to Process Payment to League of California
Cities for 2022 Membership Dues ($20,859) (CM)
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of California Cities for 2022 membership dues, in the amount of $20,859.
Adopted Resolution No. 2022-81 authorizing the destruction of certain Citywide records in
accordance with the Government Code and the City's Records Management Policy.
Set a public hearing for April 20, 2022 to consider an ordinance amending Lodi Municipal Code to
Revise Title 9- Public Peace, Morals and Welfare - Chapter 9.18, "Vending on Street, Sidewalks
and Private Property," Section 9.18.045, "Permit Caps," to replace static caps on number of
motorized food preparation and produce/seafood trucks with variable caps based on population of
Lodi.
Notice thereof having been published according to law, an affidavit of which publication is on file
in the office of the City Clerk, Mayor Pro Tempore Hothi called for the public hearing to consider
adopting a resolution calling the election to submit to qualified electors the questions of levying a
special tax within the area proposed to be annexed to Community Facilities District No. 2007-1
(Public Services) (Annexation No. 13); and a resolution declaring the results of the Special
Election and ordering the annexation of territory to Community Facilities District No. 2007-1
(Public Services) (Annexation No. 13); and introduce an uncodified ordinance levying and
apportioning the special tax in territory annexed to Community Facilities District No. 2007-1
(Public Services) (Annexation No.13).
Public Works Director Charlie Swimley provided a PowerPoint presentation regarding
Communities Facilities District Annexation No. 13. Specific topics of discussion included
annexation map and recommended action.
C-16 Adopt Resolution Authorizing Destruction of Certain Citywide Records in Accordance with
the Government Code and the City’s Records Management Policy (CLK)
C-17 Set a Public Hearing for April 20, 2022 to Consider an Ordinance Amending Lodi Municipal
Code to Revise Title 9 –Public Peace, Morals and Welfare –Chapter 9.18, “Vending on
Street, Sidewalks and Private Property,” Section 9.18.045, “Permit Caps to Replace Static
Caps on Number of Motorized Food Preparation and Produce/Seafood Trucks with
Variable Caps Based on Population of Lodi (CD)
D.Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-
AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE
MINUTES.
E.Comments by the City Council Members on Non-Agenda Items
F.Comments by the City Manager on Non-Agenda Items
G. Public Hearings (Continued)
G-2 Public Hearing to Receive Input and Consider Adopting Resolution Calling Election to
Submit to Qualified Electors the Questions of Levying a Special Tax within the Area
Proposed to be Annexed to Community Facilities District No. 2007-1 (Public Services)
(Annexation No. 13); and Resolution Declaring the Results of the Special Election and
Ordering the Annexation of Territory to Community Facilities District No. 2007-1 (Public
Services) (Annexation No. 13); and Introduce Uncodified Ordinance Levying and
Apportioning the Special Tax in Territory Annexed to Community Facilities District No.
2007-1 (Public Services) (Annexation No.13) (PW)
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Mayor Pro Tempore Hothi opened the public hearing for public comment.
There being no public comments, Mayor Pro Tempore Hothi closed the public hearing.
Council Member Khan made a motion, second by Council Member Nakanishi, to adopt
Resolution No. 2022-82 calling an election to submit to qualified electors the questions of levying
a special tax within the area proposed to be annexed to Community Facilities District No. 2007-1
(Public Services) (Annexation No. 13).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Nakanishi, and Mayor Pro Tempore Hothi
Noes: None
Absent: Council Member Kuehne, and Mayor Chandler
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt
Resolution No. 2022-83 declaring the results of the special election and ordering the annexation
of territory to Community Facilities District No. 2007-1 (Public Services) (Annexation No. 13).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Nakanishi, and Mayor Pro Tempore Hothi
Noes: None
Abstentions: Council Member Kuehne
Absent: Mayor Chandler
Council Member Khan made a motion, second by Council Member Nakanishi, to introduce
uncodified Ordinance No. 1997 levying and apportioning the special tax in territory annexed to
Community Facilities District No. 2007-1 (Public Services) (Annexation No.13).
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Nakanishi, and Mayor Pro Tempore Hothi
Noes: None
Abstentions: Council Member Kuehne
Absent: Mayor Chandler
NOTE: Council Member Kuehne left the Council Chambers at 8:15 and returned at 8:20. He was
not present for the vote on Resolution No. 2022-82 and as he was not present during the public
hearing, he was not able to participate in the vote on Resolution No. 2022-83 or Ordinance No.
1997.
Deputy City Manager Andrew Keys provided a presentation regarding the salary adjustment for
Water and Wastewater Plant Operator classifications. Specific topics of discussion included the
difficulty in recruiting and retaining employees for these positions due to certification needs, water
and wastewater salary tiers being tied together, and a two-year vacancy at the wastewater plant.
Council Member Nakanishi noted that these are essential employees and indicated his support.
H.Regular Calendar
H-1 Adopt Resolution Approving Salary Adjustment for Water and Wastewater Plant Operator
Classifications (HR)
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Council Member Nakanishi made a motion, second by Council Member Khan, to adopt
Resolution No. 2022-84 approving the salary adjustment for Water and Wastewater Plant
Operator classifications.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
City Manager Schwabauer and Deputy City Manager Andrew Keys provided a presentation
regarding introduction of an ordinance in relation to spending authority. Specific topics of
discussion included the increase in spending authority to $60,000 for the City Manager and to
$30,000 for Department Heads, survey with other local agencies, and an increase in the current
threshold for informal bidding from $2,500 to $10,000.
Council Member Nakanishi stated that the change would make the purchasing process more
efficient and indicated his support of the ordinance.
Council Member Kuehne made a motion, second by Council Member Khan, to introduce
Ordinance No. 1998 amending Lodi Municipal Code Chapter 2.12, "City Manager," by repealing
and reenacting Section 2.12.060(T), "Powers and Duties Generally," and amending Lodi
Municipal Code Chapter 3.20, "Purchasing System," by repealing and reenacting Section
3.20.045, "State and Local Agency Contracts," Section 3.20.070, "Bidding," 3.20.080, "Purchase
Orders," 3.20.100, "Formal Contract Procedure," and 3.20.110, "Open Market Procedure."
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
Council Member Kuehne made a motion, second by Council Member Nakanishi, (following
reading of the title) to waive reading of the ordinance in full and adopt and order to print
Ordinance No. 1995 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal
H-2 Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12, ”City Manager,” by
Repealing and Reenacting Section 2.12.060(T), “Powers and Duties Generally,” and
Amending Lodi Municipal Code Chapter 3.20, “Purchasing System,” by Repealing and
Reenacting Section 3.20.045, “State and Local Agency Contracts,” Section 3.20.070,
“Bidding,” 3.20.080, “Purchase Orders,” 3.20.100, “Formal Contract Procedure,” and
3.20.110, “Open Market Procedure” (ISD)
I.Ordinances
I-1 Adopt Ordinance No. 1995 Entitled, “An Ordinance of the Lodi City Council Amending Lodi
Municipal Code Title 3 –Revenue and Finance –Chapter 3.20, ‘Purchasing System,’ by
Repealing and Reenacting Section 3.20.105, ‘Public Works Projects,’ in Its Entirety to
Provide Informal Bidding Procedures Under the Uniform Public Construction Cost
Accounting Act” (CLK)
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Code Title 3 - Revenue and Finance - Chapter 3.20, 'Purchasing System,' by Repealing and
Reenacting Section 3.20.105, 'Public Works Projects,' in Its Entirety to Provide Informal Bidding
Procedures Under the Uniform Public Construction Cost Accounting Act," which was introduced
at a regular meeting of the Lodi City Council held on March 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, and Mayor
Pro Tempore Hothi
Noes: None
Absent: Mayor Chandler
There being no further business to come before the City Council, the meeting was adjourned
at 8:36 p.m., in memory of Carl Troupe, step-father of former City employee Peggy Nicolini.
J.Adjournment
ATTEST:
Pamela M. Farris
Assistant City Clerk
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