HomeMy WebLinkAboutMinutes 09-22-20 Regular MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY • DOWNEY
REGULAR MEETING
SEPTEMBER 22, 2020
The City Council of the City of Downey held a Regular City Council Meeting on September 22,
2020, at 6:41 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, with Mayor Pacheco presiding.
PRESENT: Council Members:
Blanca Pacheco Mayor
Claudia M. Frometa Mayor Pro Tern
Sean Ashton Council Member (teleconference)
Rick Rodriguez Council Member (excused)
Alex Saab Council Member
ALSO PRESENT: Gilbert Livas, City Manager
John Oskoui, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Vaniah De Rojas, Assistant to the City Manager
Dean Milligan, Chief of Police
Mark Gillaspie, Fire Chief
Aldo E. Schindler, Community Development Director
Anil Gandhy, Finance Director .
Delfino Consunji, Public Works Director
James McQueen, Human Resources Director
Jason Chacon, Recreation Manager
Alicia Duarte, CIVIC, City Clerk
The Invocation was delivered by Greg Welch, Downey Police Department Chaplain. The Pledge
of Allegiance was led by Michael Calvert, Director, Downey Chamber of Commerce.
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2. Presentation to the City Council regarding an update of the West Santa Ana Branch Transit
Corridor Project by the Los Angeles County Metropolitan Transportation Authority.
CITY COUNCIL MEMBER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS;
CONFERENCE/MEETING REPORTS
Council Member Saab welcomed the audience to the meeting. He mentioned his request
to staff at the previous City Council Meeting to address the trash receptacles citywide including bus
stops. He requested staff address the bus stop bench design and branding to provide consistency
citywide.
Mayor Pro Tern Frometa welcomed the audience to the meeting. She acknowledged Michael
Calvert in the audience. She encouraged the audience to participate in the 2020 Census prior to the
September 30 deadline to ensure the community receives the appropriate funding. She encouraged the
audience to scan the QR code on the last page of the City Council Meeting Agenda to see the City's
2019-20 Accomplishments including the Measure S Improvement Projects and City's Pavement
Management Plan. She stated in 2019-20 the City of Downey repaved over 2.05 million square feet of
streets and she thanked Director Consunji and his staff for a job well done in supervising the Pavement
Management Plan. She mentioned the City will continue to focus on street improvement
infrastructure, and moving forward with the completion of the Measure S Improvement Projects. S
thanked City Manager Livas for his leadership. She thanked Fire Chief Gillaspie and the firefighte
deployed to assist in the various fires throughout California. She stated the City was recognized
Tree City USA. Over 3,000 new trees have been planted citywide. She thanked staff and individua
t
who helped support these efforts. She requested staff enforce street vendors permit requirements. S
requested staff address signage posted on buildings at The Promenade and various strip mal
citywide. She also requested staff address speeding on Lakewood Blvd. between Imperial Hwy. a
Gallatin Rd.; Stewart & Gray .is between Woodruff Ave. and Old River School Rd.; Florence Av
between the 605 Freeway and Paramount Blvd.; and, Downey Ave. and Brookshire Ave. betw
Florence Ave. and Gallatin Rd.
Council Member Ashton welcomed the audience to the meeting. He mentioned his conce
about the filming that took place at the original McDonald's and TMZ's reporting of the aftermath relat
to the filming permit fees. He requested staff review and update the Film Permit Ordinance fees a
penalties for non-compliance. I
Mayor Pacheco welcomed the audience to the meeting. She reported attending the PIH
Downey centennial drive-thru parade and thanked Downey Fire and Police Departments for their
participation in the event. She mentioned the importance of recognizing all medical professionals for
everything they are doing for the community during the pandemic. She encouraged the audience to
scan the QR code on the last page of the City Council Meeting Agenda to see the City's 2019-20
Accomplishments and the Pavement Management Plan. She inquired about the start date for the Old
River School Rd. Pavement Rehabilitation Project. Director Consunji stated the contract is on the
Agenda tonight for City Council consideration and if approved the project will begin early October. She
requested staff address illegal dumping on Foster Rd. near the riverbed on the eastern side of the City.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Non -Agenda items. Mayor Pacheco asked City Clerk Duarte if any written
public comments were received regarding Non -Agenda items. Mayor Pacheco asked if there was
anyone present who would like to comment on Non -Agenda items.
Joshua Semoore, resident, submitted written comments to thank the City Council for their hard
work and in opposition of Proposition 16.
Beth Pelaez, resident, submitted written comments in opposition of Proposition 16 and
discrimination based on race or gender.
Wayne Spindler, non-resident, commented regarding supporting local businesses and
unpermitted events.
Alexandria Contreras, resident, commented regarding the proposed L.A. County Metropolitan
Transportation Authority's West Santa Ana Branch Transit Corridor Project.
Lucia Cruz, non-resident, commented regarding renter protection and against water rate
increases.
Armando Herman, resident, commented regarding criminal prosecution and in support of t
West Santa Ana Branch Transit Corridor Project. I
Mike Greenspan, non-resident, congratulated Council Member Ashton on his appointment as
President -Elect Downey of the Independent Cities Association; and, political figures.
City Council Minutes
Regular Meeting — September 22, 2020 2
Lee Squire, resident, thanked the City Council for recognizing health care workers at the
previous City Council Meeting. He commented regarding the Abraham Accords Peace Agreement
amongst the United States and Israel -United Arab Emirates.
Catherine Alvarez, resident, read correspondence from Maria Vera regarding her family's loss.
Non-resident, no name provided, commented regarding political figures, and in support for
Veterans.
Rodolfo Cartes Barragan, non-resident, commented regarding housing and rental assistance,
eviction protection, political leaders, and Metro Transit Projects.
Joey Martinez, resident, commented regarding Central Basin Municipal Water District's Board of
Directors, update regarding SB 625, and political figures.
Jeannie Wood, resident, thanked the City Council for doing a great job.
Brian Heyman, resident, wished Council Member Rodriguez a speedy and full recovery. He
commended Assistant City Manager Oskoui for his work at the Central Basin Municipal Water District
and for managing the City's Measure S Improvement Projects. He thanked City Management and the
City Council for continuing to do a fantastic job. He commented regarding humanity and civil discourse.
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Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Consent Calendar items. Mayor Pacheco asked City Clerk Duarte if there
were any written comments received regarding Consent Calendar items. Mayor Pacheco asked if there
was anyone present who would like to comment on the Consent Calendar items.
Mike Greenspan, non-resident, commented regarding Item Nos. 4, 5, 6, and 7.
Armando Herman, resident, commented regarding Item Nos. 3 and 7, Measure S Projects,
Measure M Projects, and COVID-19.
Rodolfo Cortes Barragan, non-resident, commented regarding Item Nos. 7, 8, and 12, and in
support of free public transportation.
Non-resident, no name provided, commented regarding Item Nos. 3 and 7. She commended
Director Consunji for his attentiveness and responsiveness to residents.
Having no one else come forward, Mayor Pacheco closed public comment.
Mayor Pro Tern Frometa abstained from Item No. 8, due to her employment; and, pulled Item
Nos. 3, 10, and 11 for separate discussion.
Mayor Pacheco abstained from Item No. 1, due to her absence from the meeting.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0-
1 to approve the remainder of the Consent Calendar with Council Member Rodriguez excused; Mayor
Pacheco abstaining from Item No. 1; and, Mayor Pro Tern Frometa abstaining from Item No. 8 and
pulling Item Nos. 3, 10, and 11.
1. APPROVED MINUTES: Special and Regular Meetings of September 8, 2020: City Clerk.
City Council Minutes
Regular Meeting - September 22, 2020 3
project consists of a full reconstruction of the pavement which includes concrete improvements and not
solely a slurry seal or overlay. He stated R.J. Noble Company is scheduled to begin construction
November 2020 and is expected to be complete the work by April 2021.
Mayor Pro Tern Frometa inquired if any significant delays are anticipated. Director Consunji
confirmed no delays are anticipated however there is always the possibility of unexpected utility delays
that cannot be identified until the construction begins.
Mayor Pro Tern Frometa asked how the residents are being notified of the upcomirrol
construction project. Director Consunji stated residents are notified via social media posts and writt
communication sent to residents and businesses that will be directly affected or are within 300 feet fro
the project. If parking will be impacted signage will be posted 72 hours in advance. )I
Council Member Ashton inquired how the two schools in the area will be notified when th�w
return to session. Director Consunji stated the schools and parents are notified through social med
and written communications. I
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0-
1, with Council Member Rodriguez excused to award a construction contract in the amount of
$2,245,893 to the R.J. Noble Company for the Old River School Rd. Pavement Rehabilitation Project;
authorize the Public Works Director/City Engineer to execute any change orders or additional scope of
work deemed necessary or desirable up to the approved project budget; and, authorize transfer of
$53,103.50 in Measure R Local Return Funds from Account No. 56-16789 to Account No. 56-16628
(Capital Improvement Project No. 16-20).
10. ELECTRIC VEHICLE CHARGING SYSTEMS MUNICIPAL CODE AMENDMEIIT: Communi
Development. I
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Mayor Pro Tern Frometa pulled Item No. 10 for separate discussion. She inquired if Item No. 10
is solely a checklist of requirements or is it to install additional charging stations. Director Schindler
stated the item being brought forth tonight is to introduce the topic for a public hearing at the next
scheduled City Council Meeting. He stated the State of California passed Assembly Bill 1236 with the
goal to expedite the approval process of the installation of any future charging stations.
Mayor Pro Tern Frometa asked how long the current approval process takes. Director Schindl-T-
c-tated the approval process time can vary based on the scope of work and could take upto fo
months. If this item is approved by Council this evening the length of time would be reduced by
percent. I
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0-
1, with Council Member Rodriguez excused to introduce an Ordinance of the City Council of the City of
Downey adding Section 8986 ("Electric Vehicle Charging Systems") to Chapter 11 (Downey Green
Building Standards Code) of Article Vill ("Building Regulations") of the Downey Municipal Code.
11. GRADING REGULATIONS AND MUNICIPAL CODE UPDATES: Community Development.
City Council Minutes
Regular Meeting — September 22, 2020
surrounding cities to inquire about Veterans Memorial policies. Council Member Ashton recommended
staff engage other local Veteran organizations for their participation and input prior to moving forward
with adopting a policy.
Council Member Saab asked if there were any fees associated with the application and if the
residency requirement of five years is accrued over their lifetime. Assistant to the City Manager De
Rojas stated staff identified some cities do charge a fee for the cost of the plaque or bricks in their
Veterans Memorial plazas and confirmed staff is not recommending any fees. She stated the five year
residency requirement would be accrued.
Mayor Pro Tern Frometa inquired of the 10 cities contacted was this the main criteria for their
applications. Assistant to the City Manager De Rojas confirmed the main requirements for the 10 cities'
process were reviewed and the main criteria was incorporated into the policy brought forth tonight.
Mayor Pro Tern Frometa stated she is satisfied with staff's due diligence and that their research
is thorough. She moved to approve staff's recommendations.
Mayor Pacheco agreed that staff conducted sufficient research to draft the policy to honor
Veterans and seconded the motion. She asked staff to identify additional possible locations where
Veterans can be honored.
Council Member Saab stated Council Member Rodriguez requested this item and he
recommended the item be brought back at a future meeting when Council Member Rodriguez is
present.
City Manager Livas confirmed meeting with Council Member Rodriguez regarding the item and
said he was in agreement to proceed with the item as it is being presented. He stated one of the
challenges staff identified is the memorial does not have a large space. The policies of the other cities
also fell in line with not having sufficient space to honor every Veteran therefore we lead to honor the
Veterans that died in combat. He stated the policy is essentially the same as the policy for the Fire and
Police Memorials honoring the individuals that have passed during active duty. He stated staff has
discussed reaching out to the Cemetery to see if requests that do not meet the City's criteria could have
a potential alternative location where they can be honored.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 13. Mayor Pacheco asked City Clerk Duarte if there were any
written comments received on Item No. 13. Mayor Pacheco asked if there was anyone present who
would like to comment on Item No. 13.
Non-resident, no name provided, commented in support of honoring the fallen soldiers. She
thanked the City Council and staff for their continued efforts to maintain this beautiful City.
Armando Herman, resident, commented regarding additional resources for Veterans to prevent
homeless and substance abuse.
Mike Greenspan, non-resident, commented regarding Veteran suicide and homeless
prevention; and, in support of Item No. 13.
Rodolfo Cortes Barragan, non-resident, commented in opposition of Item No. 13, and political
figures. He commented regarding the development of affordable housing and programs to address
mental health issues for Veterans.
Joey Martinez, resident, commented in opposition of Item No. 13, and in support of the
providing programs for housing and mental health issues for Veterans.
City Council Minutes
Regular Meeting - September 22, 2020 7
Downey Ave. with pre-Covid conditions or re -open Downey Ave. utilizing parklets and run k-rails along
the entire street on each side allowing individual parklets for the store fronts. Staff has continued to
assess the Covid funding and identified an opportunity to provide assistance in either the reconstruction
of the existing parklets or installation of new parklets.
Council Member Saab inquired as to the number of vehicles that utilize Downey Ave. daily.
Director Consunji stated the average number of vehicles that drive through Downey Ave. pre-Covid are
approximately 12,500 which now utilize alternative routes.
Council Member Saab inquired if businesses are able to utilize the sidewalks. Director Schindler
stated sidewalks are currently being utilized and provide the required 48 inches clearance to maintain
the Americans with Disabilities Act compliant.
City Manager Livas stated two businesses have enclosed patios on the sidewalk in front of the
business. He stated for the cities that have a lot of restaurants in one common location those cities
have set up a community outdoor eating area.
Mayor Pro Tern Frometa stated the City realizes the difficulty imposed on the businesses to
navigate financially while balancing the health aspect to ensure the public's safety. She stated that the
pedestrian traffic is higher in the ladder part of the evening and she would prefer option no. 3 to reopen
to allow for vehicle traffic with parklets.
City Manager Livas stated staff is conscience of the needs of the businesses however, the City
must balance public health issues. The reason the City has not allowed for outdoor televisions or music
at eating venues is that the idea is for patrons to have an outdoor dining experience and the goal is to
serve food and turn tables so patrons do not linger in a common area. He recommends to the City
Council the option to reopen Downey Ave. for traffic and allowing for outdoor dining guarded by k-rails
to ensure the public's safety. He mentioned that the businesses who do not have the funding to reopen
may apply for financial assistance through the CARES Act. He stated staff will enforce violations to
those businesses that do not comply with the City's guidelines. Council Member Saab inquired how
many businesses are in the District. Director Schindler stated there are 58 retail businesses in the
District.
Council Member Ashton stated ultimately safety is the priority and he asked if Downey Ave.
were to be reopened what measures would staff take to ensure patrons' safety. He asked if additional
signage can be posted to detour drivers from dropping off passengers. City Manager Livas stated k-
rails would be installed along the entire street in front of the parklets to protect the patrons.
Mayor Pro Tern Frometa inquired if the Farmer's Market would return to Downey Ave. City
Manager Livas stated the Farmer's Market has been successful at its current location and prefers not to
return to Downey Ave.
Mayor Pro Tern Frometa asked City Clerk Duarte if there was anyone on the teleconference line
who would like to comment on Item No. 14. Mayor Pro Tern Frometa asked City Clerk Duarte if there
were any written comments received on Item No. 14. Mayor Pro Tern Frometa asked if there was
anyone present who would like to comment on Item No. 14.
Wayne Spindler, non-resident, commented in opposition to outdoor dining and the street
closure.
Simon Simonian, resident and business owner of Joseph's Bar and Grill, commented in
opposition to re -opening Downey Ave. He commented regarding the benefits of the street closure to
allow businesses to reopen and employees to return to work.
Mario Trujillo, resident, commented in support of reopening Downey Ave. with the installation of
bollards on Friday evening and removed Sunday to allow for traffic during the week.
City Council Minutes
Regular Meeting - September 22, 2020 9
Mike Greenspan, non-resident, commented in support of the installation of manual bollards to
allow for evening street closures.
Armando Herman, resident, commented regarding COVID-19's impact on businesses and ir
opposition to the closure of Downey Ave.
Rodolfo Cortes Barragan, non-resident, commented regarding conflict of interests and political
figures,
Joey Martinez, resident, commented regarding funding for local business owners.
Having no one else come forward, Mayor Pro Tem Frometa closed public comment.
Council Member Ashton inquired should Downey Ave. be reopened and parklets allowed what
timeframe would be allowed for businesses to modify the existing parklets. City Manager Livas stated it
would be at the Council's discretion, possibly 30 days.
It was moved by Mayor Pro Tern Frometa, seconded by Council Member Ashton, and carried
1-1, with Mayor Pacheco abstaining and Council Member Rodriguez excused to reopen Downey Av
with parklets, allow three weeks for businesses to modify existing parklets, and request an update fro
staff in 60 days. I
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City Attorney Abich Garcia presented the staff report. She stated the City's current Ordinance
which established a temporary moratorium on evictions of commercial tenants; and a rent repayment
period is due to expire September 30, 2020. She stated Governor Newsome signed into law Assembly
• -(AB) -3088 which provides some •- protection to residential renters and no protection for
commercial tenants. Tonight staff recommends the City Council consider approving an extension until
January 31, 2021 to coincide with the residential protection in AB 3088.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line w
would like to comment on Item No. 15. Mayor Pacheco asked City Clerk Duarte if there were a
written comments received on Item No. 15. Mayor Pacheco asked if there was anyone present w
would like to comment • Item No.
Wayne Spindler, non-resident, commented in support of providing protection for commercial
property owners.
City Council Minutes
Regular Meeting - September 22, 2020 10
Armando Herman, resident, commented in opposition of Item No. 15. He commented regarding
rental assistance for residential tenants, programs to eliminate homelessness, surge of homelessness,
and political leaders.
Rodolfo Cortes Barragan, non-resident, commented in support of Item No. 15, rental assistan
and rent cancellation. I
Joey Martinez, resident, commented in opposition of providing funding for commercial tenants,
in support of programs to assist residential tenants and homeowners, and AB 3088.
Council Member Saab inquired if funding to assist commercial tenants is included the
ordinance. City Attorney Abich Garcia confirmed no funding is associated with this item, it is merely an
extension of the existing ordinance, an eviction moratorium with a repayment provision.
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It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0-
1 with Council Member Rodriguez excused to adopt Urgency Ordinance No. 20-1451, an Uncodified
Urgency Ordinance of the City Council of the City of Downey pursuant to California Government Code
Section 8634 and Downey City Charter Sections 511 and 514 extending the temporary Moratorium on
evictions of commercial tenants for nonpayment of rent resulting from loss of income due to the COVID
-19 Pandemic and rent repayment period; and setting forth the facts constituting such urgency.
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City Attorney Abich Garcia presented the staff report. She stated on September 1, 2020
Governor Newsome signed into law Assembly Bill (AB) 3088 and provided a brief summary of the
legislation and how it applies to residential tenants. She stated under the new law there are two periods
that residential renters must meet to receive eviction protection, the period between March 1, 2020
through April 31, 2020 the tenant needs to submit a hardship declaration signed by the tenant under
penalty of perjury that attests that the tenant could not pay rent during that period of time due to Covid-
19 related financial hardship. The other period starts September 1, 2020 through January 31, 2021,
during this period the tenant must submit the hardship declaration signed under penalty of perjury and
will be required to pay 25 percent of the rent due during that period of time by January 31, 2021. Due to
the provision in AB 3088 the law prohibits the City from extending the City's current moratorium. The
City encourages the residents follow the State's law to continue to have eviction protection and the
City's website provides links to frequently asked questions about the new law and links for the County
of Los Angeles's legal assistance programs for tenants. She stated for the residential renters'
moratorium in place the City must let it expire on September 30, 2020. She stated effective March 1,
2021, AB 3088 includes a provision allowing landlords to initiate small claims in court against tenants
that have not paid their rent. However, AB 3088 does have an option for tenants in Cities that already
had a repayment ordinance in place prior to March 1, 2021 ending by March 31, 2022 then the city is
able to preserve the ordinance and allow tenants an alternative option. She confirmed the City of
City Council Minutes
Regular Meeting — September 22, 2020 11
Downey does have a repayment period in place that does not conflict with AB 3088. Staff recommends
the City Council make the finding required under the new State law so the repayment provision is
preserved providing a tenant two months to repay rent for every month of unpaid rent for the period of
April 1, 2020 through September 30, 2020.
Mayor Pro Tern Frometa inquired how the 25 percent repayment requirement will affect the
City's repayment provision in the City's Ordinance. City Attorney Abich Garcia stated the 25 percent
starts September 1, 2020 through January 31, 2021, it is prospective.
Mayor Pro Tern Frometa acknowledged the information is on the City's website and she
requested the information be provided on all social media platforms. Assistant City Manager De Rojas
stated staff is working to provide a graphic to explain the timeframe for a visual understanding of the
State law and the City's Ordinances to simplify the language.
Mayor Pacheco asked City Clerk Duarte if there was anyone on the teleconference line who
would like to comment on Item No. 16. Mayor Pacheco asked City Clerk Duarte if there were any
written comments received on Item No. 16. Mayor Pacheco asked if there was anyone present who
would like to comment on Item No. 16.
Wayne Spindler, non-resident, commented regarding residential rental protection and rental
repayment assistance.
Alex Contreras, resident, commented in support of Item No. 16 and stronger rental protection,
Armando Herman, resident, commented regarding rental assistance for residential tenants,
extending the repayment period and political leaders.
Non-resident, no name provided, commented in support of Item No. 16, political leaders, and
the homeless crisis.
Rodolfo Cortes Barragan, non-resident, commented in support of Item No. 16, rent -
assistance for tenants, and rental forgiveness.
City Attorney Abich Garcia stated AB 3088 is clear that rents are not to be forgiven ais
provides a provision that allows landlords to collect past due rent through small claim action. The Bill
clear that there is no intent to forgive rent and for the City to contradict the law would place the City in
legal liability. Only the State can change the law.
Joey Martinez, resident, commented regarding political leaders, additional fees to tenani
experiencing financial hardship, residential protection and additional time to repay rent.
City Attorney Abich Garcia clarified AB 3088 is a State law passed by the Legislature it is n
passed by the Downey City Council and the City of Downey must abide by State law.
Having no one else, Mayor Pacheco closed public comment.
Council Member Ashton asked for clarification regarding staff's recommendation to incorpora -
the City's rent repayment option into the new law proposed by the State. City Attorney Abich Garc
confirmed the City is trying to preserve the repayment provision adopted by the City Council.
It was moved by Council Member Saab, seconded by Mayor Pro Tern Frometa and carried 4-0
1 with Council Member Rodriguez excused to adopt Urgency Ordinance No. 20-1452, an Uncodifli
Urgency Ordinance of the City Council of the City of Downey pursuant to California Government Co
Section 8634 and Downey City Charter Sections 511 1 and 5114 amending the rent repayment period s.
forth in Ordinance No. 20-1445 by making the required findings consistent with Assembly Bill 3088; a
setting forth the facts constituting such urgency.
Z"ity Council Minutes
Regular Meeting - September 22, 2020
Mayor Pacheco adjourned the Regular City Council meeting at 11:17 p.m. in memory of Senior
Airman Jason Khai Phan, 26, of Anaheim who was supporting Operation Inherent Resolve; Ruth Bader
Ginsburg, Associate Justice of the Supreme Court of the United States; and, the lives lost due to
COVID-19.
AMA 4 IAAA L I �Cl A D �UA CM�C� LA HECO
City Clerk Mayor
City Council Minutes
Regular Meeting — September 22, 2020 13