m20240528
1 May 28, 2024
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 28, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:39 p.m., on
Tuesday, May 28, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Interim City Clerk Nikima S. Newsome
CONVENE/PLEDGE
On order of the Mayor, the City Council convened at 5:39 p.m., with all
members present. Councilmember Davis led the assemblage in the Pledge
of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a
permit, license, contract, or other entitlement before the Council is
required to disclose on the record any contribution, including
aggregated contributions, of more than $250 made by the party or the
party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or
agent, and any other person making the contribution; the name of the
recipient, the amount of the contribution, and the date the contribution
was made.
Mayor Brock stated that he would be recusing himself from Item 4.B.
pursuant to the Levine Act.
GENERAL PUBLIC
INPUT:
Members of the public Yossi G0vrin, Sherwin Shamoeil, Templar Soto,
Carolyn Robertson, Denise Barton, Jerry Rubin, Jason Roni, Sami Susu,
Robbie Staenberg, Johnathan Foster, Jurgita Vanseviciute, and Brigita
Slekys commented on various local issues.
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PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Cory Lambe, Carolina Lizarraga, Jason Coggins,
Jason Roni, Dr. Lizzy Moore, Carol Lemlein, Ann Bowman, John C.
Smith, Roger Genser, Neil Carrey, Marse Ryan, Antonio Ponce, Jim Harris,
Daniel Myers, Greg Morena (time donated by Juana Miriam Lopez), Alex
Brown, Juan Guitierrez, Lori Nafshun, Rad Nowroczi, Bea Nemlaha, Ali
Bilal, Nancy Coleman, and Nick Rolston commented on closed session
items.
No members of the public commented on special agenda items.
Members of the public Annie Wald, Kenna Stevens (time donated by
Shaina Jacobs), Christen Madsen, Naomi Gage, Cassidy Krug, Lex
Quarterman, Liz Dubelman, Grace Lansky, Claire Farnan, Nathalie Renard,
Jonathan Tu, Tamara Melzer Levenson (Time donated by Daniel
Carnahan), Rachel Lee Millena, Jee Won Kang, Josh Patel, Tori Curbelo,
Jennifer Drieves, Mark Wald, Mila Sussman, and Claudia Ly commented
on consent calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
3.A. 2024 LGBTQ+ Pride Proclamation, was presented.
3.B. Proclamation: Lung Cancer Action Week, was presented.
3.C. Commendation: Lunetta, was presented.
3.D. Commendation: Paul "Chico" Fernandez, was presented.
3.E. City Manager Report: Reparations & Restorative Justice, was
presented.
CLOSED SESSIONS
(Mayor Brock left the meeting
at 9:43 p.m.)
On order of the Mayor, the City Council recessed at 8:53 p.m., to consider
closed sessions and returned at 11:00 p.m., with all members present, to
report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City
of Santa Monica, L.A.S.C. Case No. BC 616804; 2nd DCA Case No.
B295935
The City Attorney advised this matter was heard with no reportable action
taken.
4.B. Conference with real estate negotiator - Gov. Code §54956.8;
property: 256 Santa Monica Pier, Santa Monica, California; City
negotiators: Jennifer Taylor, Economic Development Manager, and
Elana Buegoff, Pier and Beach Administrator; owner of record: City
of Santa Monica; persons to be negotiated with: Hospitality Industry
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Management Group, LLC, D.B.A. Rusty’s Surf Ranch, and Greg
Morena; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action
taken.
4.C. Conference with legal counsel - significant exposure to litigation
- Gov. Code §54956.9(d)(2),(e)(5): one case - leasehold interest for
Rusty’s Surf Ranch
This item was withdrawn at the request of staff.
4.D. Conference with real estate negotiator - Gov. Code §54956.8:
property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901);
City negotiators: Jennifer Taylor, Economic Development Manager,
and Nia Tang, Economic Development Administrator; owner of
record: City of Santa Monica; persons to be negotiated with: Russell
Geyser and Tim Sexton, Revitalization Partner Group, LLC; under
negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action
taken.
4.E. Conference with real estate negotiator - Gov. Code §54956.8:
property: 1855 Main Street (Civic Auditorium) (APN 4290-013-901);
City negotiators: Jennifer Taylor, Economic Development Manager,
and Nia Tang, Economic Development Administrator; owner of
record: City of Santa Monica; persons to be negotiated with: Tommy
Ginoza, Sugar Monkey Live; under negotiation: price and terms of
payment - Item pulled and will not be heard 5/25/2024
This item was withdrawn at the request of staff.
4.F. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Anna Marie Onaindia v. City of Santa Monica; LASC
Case No. 21STCV30384
The City Attorney advised this matter was heard with no reportable action
taken.
4.G. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): In re Bird Global, Inc., et al.; U.S. Bankr. Ct., SD Fla.
Case No. 23-20514 (CLC)
The City Attorney advised this matter was heard with no reportable action
taken.
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4.H. Conference with legal counsel - existing litigation - Gov. Code
§54956.9(d)(1): Byron Merlos, et al. v. City of Santa Monica, et al.;
LASC Case No. 21STCV07334 [report out only]
The City Attorney advised that this item was heard at the April 23, 2024
Council meeting and approved for settlement in the amount of $333,333.00
by a vote of 5-0 with Councilmembers de la Torre and Davis absent from
the meeting.
AGENDA
MANAGEMENT
Motion by Councilmember David, seconded by Councilmember Torosis to
continue the meeting past 11 o’clock. The motion was unanimously
approved will all members present.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra to
continue Items 16.B.-E. to the June 11, 2024 Council meeting. The motion
was unanimously approved will all members present.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
At the request of Councilmember Parra, Item 5.E. was removed from the
Consent Calendar.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis,
to approve the Consent Calendar except for Item 5.E, reading resolutions
by title only and waiving further reading thereof. The motion was
approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
AIRPORT MECHANICAL
EQUIPMENT
REPLACEMENT
PROJECT
5.A. Award Contract No. 11583 (CCS) with ACCO Engineered
Systems, Inc. for the Airport Mechanical Equipment Replacement
Project, and Contract No. 11584 (CCS) With Same Contractor, ACCO
Engineered Systems, Inc., for Citywide On-Call Mechanical
Equipment Services, was approved.
Recommended Action
Staff recommends that the City Council:
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1. Adopt a finding of Categorical Exemption pursuant to Section 15302
(Replacement and Reconstruction) of the California Environmental
Quality Act (CEQA) Guidelines;
2. Award Bid # SP2694 to ACCO Engineered Systems, Inc., for Airport
Mechanical Equipment Replacement and Additive Alternative Bid
for Citywide On-Call Mechanical Equipment Services for the Public
Works Department;
3. Authorize the City Manager to negotiate and execute Contract No.
11583 (CCS) with ACCO Engineered Systems, Inc., in an amount
not to exceed $1,993,090 (including a 10% contingency in the
amount of $181,190) for Airport Mechanical Equipment
Replacement;
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority
for Airport Mechanical Equipment Replacement;
5. Authorize the City Manager to negotiate and execute Agreement No.
11584 (CCS) with ACCO Engineered Systems, Inc., in an amount
not to exceed $5,000,000 for three years, with one-additional one-
year renewal option in the amount of $1,500,000, on the same terms
and conditions for a total amount not to exceed $6,500,000 over a
four-year period, for citywide as-needed mechanical systems repairs
and/or replacements, with future year funding contingent on Council
budget approval; and
6. Authorize budget amendment as outlined in the Financial Impacts
and Budget Actions section of this report (requires 5 votes).
RENEWABLE GAS
PURCHASE
5.B. Award Request For Proposal to Maas Energy For the Purchase
of Renewable Natural Gas to Offset the Use of Regular Natural Gas,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301
of the California Environmental Quality Act (CEQA) Guidelines;
2. Award RFP #396 to Maas Energy for the procurement and supply of
renewable natural gas to offset the current use of natural gas, and the
management of low carbon fuel standard for the Public Works
Department; and
3. Authorize the City Manager to negotiate and execute Agreement No.
11585 (CCS) with Maas Energy at no cost to the City for five-years.
LINCOLN BLVD
NEIGHBORHOOD
CORRIDOR STREET
IMPROVEMENTS
PROJECT
5.C. Award Construction Contract No. 11586 (CCS) to Elecnor
Belco Electric, Inc. for Lincoln Boulevard Neighborhood Corridor
(LiNC) Street Improvements Project (Phase 1 - Street and Pedestrian
Lighting), was approved.
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Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301,
Section 15303, and Section 15311 of the California Environmental
Quality Act (CEQA) Guidelines and Section 21080.25 of CEQA;
2. Award Bid #SP2331 to Elecnor Belco Electric Inc., for the
construction of Lincoln Boulevard Neighborhood Corridor (LiNC)
Street Improvements Project (Phase 1 - Street and Pedestrian
Lighting) for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Construction
Contract No. 11586 (CCS) with Elecnor Belco Electric Inc, in an
amount not to exceed $5,885,932 (including a $15% contingency);
and
4. Authorize the Director of Public Works to issue any necessary
change orders to complete additional work within contract authority.
1717 19TH STREET
PUBLIC RIGHT-OF-WAY
5.D. Adoption of Resolution No. 11588 (CCS) to Quitclaim and
Vacate Public Right-of-Way on 1717 19th Street Parcel, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301
and Section 15305 of the California Environmental Quality Act
(CEQA) Guidelines;
2. Adopt the attached Resolution declaring that the City owned remnant
parcel (“Turnaround Area”) is not needed for any public purpose and
allowing for the Turnaround Area to be quitclaimed and vacated
completely; and
3. Authorize the City Manager to approve and execute a quitclaim deed
with the owners of 1717 19th Street for a City owned remnant parcel
at 1717 19th Street which was previously acquired as a vehicular
turnaround area during construction of the I-10 Freeway.
POLICE DEPARTMENT
SCOOTERS
5.F. Authorize a Purchase Order for the Purchase of Westward
Industries Ltd. GO-4 EV Scooters for the Police Department, was
approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302
(Replacement or Reconstruction) of the California Environmental
Quality Act (CEQA) guidelines.
2. Authorize the Procurement Manager to issue a purchase order with
TurfStar Western Inc. for the purchase of twenty-seven Westward
Industries Ltd. GO-4 EV scooters for the Police Department. This
recommended award is made as an exception to the competitive
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bidding process pursuant to Section 2.24.250(c) and is for a total
amount not to exceed $1,306,000 with future year funding contingent
on Council budget approval.
FLEET ASSET
MANAGEMENT SYSTEM
5.G. Approval of First Modification to Agreement No. 10801 (CCS)
with AssetWorks, Inc. for Fleet Asset Management System Hosting,
Maintenance, and Support, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute a first
modification to Agreement No. 10801 (CCS) in the amount of
$264,523 (including a 10% contingency) with AssetWorks, Inc. for
systems implementation, training, hosting services, and software
support and maintenance for a Fleet Asset Management System with
Telematics Solution for the Public Works Department. This will
result in a 10-year amended agreement with a new total amount not
to exceed $1,590,075.00, with future year funding contingent on
Council budget approval.
ACCELA CIVIC
PLATFORM
5.H. Approval of Second Modification to Agreement No. 11588
(CCS) with TruePoint Solutions, LLC for Accela Civic Platform
Support, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second
modification to Agreement No. 11588 (CCS), formerly Agreement
NO. 4756, in the amount of $173,734 (including a 10% contingency)
with TruePoint Solutions, LLC for Accela Civic Platform support for
the Information Services Department. This will result in a 9 -year
amended agreement with a new total amount not to exceed $385,384,
with future year funding contingent on Council budget approval.
2. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
BICYCLIST AND
PEDESTRIAN
ORDINANCE
5.I. Second Reading and Adoption of Ordinance No. 2780 (CCS) of
the City Council of the City of Santa Monica Adding Municipal Code
Section 3.75 to Prohibit Harassment of Bicyclists and Pedestrians, was
adopted.
Recommended Action
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Staff recommends that the City Council adopt the attached Ordinance.
SANTA MONICA
AMUSEMENT
5.E. Approval of License Agreement No. 11587 (CCS) with Santa
Monica Amusement for 370 Santa Monica Pier, was approved.
Recommended Action
Staff recommends that City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15301
of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute License
Agreement No. 11587 (CCS) with Santa Monica Amusement for 370
Santa Monica Pier per the Pier Leasing Guidelines.
Questions asked and answered of staff including what locations have been
identified as alternatives for the trapeze school; how can the owner be
assisted during this transition period; was the Santa Monica Pier Corp. kept
informed during the RFP process; were they advised that this item was time
sensitive; was there any conversation about retaining the business on the
Pier while still expanding in other areas; could the parking deck be
repurposed to allow the business to continue; would this need to go to the
Coastal Commission, would this affect the pier bridge reconstruction; could
staff be directed to provide relocation assistance to the business owner
without a gap in service; is there any space at the airport that would be
suitable; how long would it take to reestablish the school if it is relocated;
how long would it take for the Coastal Commission to approve the move;
to another area of the Pier; is the parking lot near the Ruskin Theater at the
airport a possible relocation option; and can this proposal wait until the Pier
Board can weigh in.
Direction to staff to proactively look for alternative locations for the trapeze
school.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis,
to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Ruthann Lehrer, Paula Cizek, Caro
Vilain, and Carol Lemlein commented on Item 7.A.
STUDY SESSION: 7.A. Fiscal Year 2024-25 Proposed Budget and Fiscal Year 2024-26
Biennial Capital Improvement Program Budget, was presented.
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2024-26 BIENNIAL
CAPITAL
IMPROVEMENT
PROGRAM BUDGET
Recommended Action
Staff recommends that the City Council:
1. Review and provide direction to staff regarding the FY 2024-25
Proposed Operating Budget Adjustments (Attachment A) and FY
2024-26 Proposed Biennial Capital Improvement Program (CIP)
Budget (Attachment B);
2. Direct staff to proceed with setting the FY 2024-25 Operating and
FY 2024-26 Biennial Capital Improvement Program (CIP) Budget
Adoption hearing on June 25, 2024;
3. Provide direction for staff to evaluate other funding mechanisms such
as general obligation bonds to support the City’s capital improvement
program in future budget cycles;
4. Review and provide direction to staff on establishing 23 new fees,
which include fees for Emergency Medical Services (EMS), facility
rentals and use, Certified Unified Program Agency (CUPA), film
permits, materials for the Junior Lifeguard Program, grading review
permit, and City planning; revising 36 fees, which include fees for
CUPA, fire permits, airport, landscape services, Concealed Carry
Firearm permit (CCW) renewal application, medicinal cannabis, and
mortuary services; and the deletion of three fees, which include fees
for library, and EV user (Attachments C and D); and
5. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
Questions asked and answered of staff including where are the surplus
funds in the City Attorney Office budget coming from; how much is being
spent on outside Counsel; what revenue generating opportunities are being
explored including public/private partnerships; why is the City proposing to
cut the airport fees and are we obligated to do so; what is the potential fee
that the FAA could impose for not reducing the fees; what is the status of
the City reinstating the 501c3; can funds be directed to specific
departments/projects; what can be done to increase revenue on the Pier to
avoid subsidising it; how can the image of the Pier and downtown be
improved; how much funding has Measure CS yielded; is there a way to
determine how it has impacted sales; could not reducing the airport fees be
deemed as a violation of the descent decree and therefore impact the ability
to close the airport; how would increasing police officers impact other City
projects; could not fully funding the paving program open up the City to
liability; and what is the current employment forecast for sworn police
officers; will there be a time in the next 12-months to reassess the budget,
is there a timeline for when the CCTV cameras will be implemented, how
many cameras can be purchased from the grant funds, and will the new
system allow for connection to existing business cameras.
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Considerable discussion ensued on topics including, but not limited to the
possibility of using surplus fees to fund the future park; public safety
concerns; making tradeoffs for additional four police officers; and finding
creative ways to improve public safety.
Motion by Mayor Brock, seconded by Mayor Pro Tem Negrete, to give
direction to staff including adding four police officers to the 2024-25
budget, taking out the annual street paving program from the held list to
support police department recruitment and hiring, add the CCTV program
back into the funded list, to put the alley renewal funding of $500,000 into
police department staffing and recruitment, reduce the ongoing citywide
facility program by $500,000, and to take the quick build program out of
the held list and put it into the funded list and to approve the item. The
motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Recommendation to accept Alexis Hemphill-Elsea's resignation
from the Human Services Commission and authorize the City Clerk to
publish the vacancy, was presented.
Motion by Councilmember Davis, seconded by Councilmember Torosis, to
accept the resignation with thanks for her service.
The motion was approved by a unanimous voice vote, with all members
present.
HUMAN SERVICES
COMMISSION
16.B. Appointment to one unscheduled vacancy on the Human
Services Commission for a term ending on June 30, 2026.
Continued to June 11, 2024 Council meeting.
COMMISSION OF
SUSTAINABILITY,
ENVIRONMENTAL
JUSTICE AND THE
ENVIRONMENT
16.C. Recommendation to rescind the appointment of Jeff Bush to the
Commission of Sustainability, Environmental Justice and the
Environment; and, appoint to that unscheduled vacancy for a term
ending on June 30, 2024.
Continued to June 11, 2024 Council meeting.
TREE REMOVAL
POLICIES
16.D. Request of Mayor Brock that the City Manager and City
Attorney develop policies that regulate tree removal as a result of new
development including exploring replacement requirements as part of
the development or on public property to protect and preserve the
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City’s tree canopy. In developing this policy, the City Manager is being
asked to consider requiring three replacement trees for every tree
removed.
Continued to June 11, 2024 Council meeting.
OUTDOOR DINING FEES 16.E. Request of Mayor Brock, Vice Mayor Negrete, and
Councilmember de la Torre that the City Manager and City Attorney
evaluate the attached request from Downtown Santa Monica, Inc. and
return to City Council with recommendations to reduce the per square
foot monthly fees associated with the use of sidewalks for outdoor
dining on the Third Street Promenade to support the City’s economic
recovery. In addition, the City Manager and City Attorney are also
being asked to evaluate and return to City Council with
recommendations for incentives such as waiving fees for a period of
time to spur outdoor dining on sidewalks on the Third Street
Promenade.
Continued to June 11, 2024 Council meeting.
COMPENSATION
SURVEY
16.F. Request from Councilmember de la Torre and Vice Mayor
Negrete that the City Council direct the City Manager to conduct a
survey of cities within the Westside Cities Council of Governments and
other charter cities across the state with populations comparable to
Santa Monica. The survey should compare City Council compensation
and benefits and the City Manager is to present the findings at the first
Council meeting in July, with recommendations for next steps. The
purpose of this survey is to assess whether the current compensation
allows residents of varying income levels to serve on the City Council.
By understanding how Santa Monica compares to other cities, the
Council can consider placing a charter amendment on the November
ballot to adjust compensation, making City Council service more
accessible to residents with lower incomes, was presented.
Motion by Councilmember de la Torre, seconded by Councilmember
Negrete, to approve the item.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmember Davis
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:45 a.m. in
memory of Paul “Chico” Fernandez.
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ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
Interim City Clerk Mayor
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