m20200428.pdf 1 April 28, 2020
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 28, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on
Tuesday, April 28, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at
https://primetime.bluejeans.com/a2m/live-event/zqvrbskb
Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Lane Dilg
Acting City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all
members present.
CLOSED SESSIONS
There was no one present for public comment on closed sessions.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider
closed sessions and returned at 7:43 p.m., with all members present, to
report they were postponing Closed Session until after the Open Session is
complete. The Council recessed back to Closed Session at 8:50 p.m., and
returned at 10:45 p.m., with all members present, to report the following:
1.A. Public Employee, Government Code Section 54957(b): Interim
City Attorney – Appointment.
The Mayor reported that the City Council appointed Acting George
Cardona as the Interim City Attorney.
1.B. Conference with Labor Negotiator: Government Code Section
54957.6. Agency Designated Representatives: Laura Kalty, Outside
Counsel, Liebert Cassidy Whitmore. Unrepresented Employee:
Interim City Attorney.
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The Mayor advised this matter was heard with no reportable action taken.
1.C. Conference with Legal Counsel – Anticipated Litigation –
Request to enter into a lawsuit as an amicus curiae, pursuant to
Government Code Section 54956.9: California, et al. v. Texas, et al.,
U.S. Supreme Court Case No. 19-840; Texas, et al. v. California, et al.,
U.S. Supreme Court Case No. 19-1019.
The Interim City Attorney recommended to authorize the City to sign on to
an amicus brief being filed by a coalition of cities and counties in these two
consolidated Supreme Court cases, in support of California’s defense of the
Affordable Care Act.
Motion by Councilmember Davis, seconded by Councilmember Winterer,
to approve joining the amicus brief. The motion was approved by the
following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.D. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Herbert Woods v. City of Santa Monica, Los
Angeles Superior Court, Case No. 19STCV14060.
The Interim City Attorney advised this involves a lawsuit that was filed by
a Plaintiff who was struck by a City pickup truck driven by a Beach
maintenance employee while sleeping on the beach. The City disputes the
allegations in the lawsuit, but to avoid the expense and burden of further
litigation, the City Attorney’s Office recommended the City Council
approve a settlement in the amount of $150,000.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to approve Settlement No. 11043 (CCS) in the amount of $150,000. The
motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.E. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Jeffery Gaul v. Nicholas Henry Robles, City of
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Santa Monica, et al., Los Angeles Superior Court, Case No.
19STCV00395.
The Interim City Attorney advised this involves a lawsuit filed by a
Plaintiff who alleges injury from accidents, the first one didn’t involve the
City. In the second the Plaintiff alleges that he suffered injuries after being
rear-ended by a car driven by a Santa Monica Police Department employee.
The City disputes the allegations made in the lawsuit, but to avoid the
expense and burden of further litigation, the City Attorney’s Office
recommended the City Council approve a settlement in the amount of
$22,500.
Motion by Councilmember Himmelrich, seconded by Councilmember
Morena, to approve Settlement 11044 (CCS) in the amount of $22,500.
The motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
1.F. Conference with Legal Counsel – Potential Litigation:
Consideration of whether to initiate litigation pursuant to Government
Code Section 54956.9(d)(4) – 1 case.
The Interim City Attorney advised this matter was heard with no reportable
action taken.
1.G. Conference with Labor Negotiator: Government Code Section
54957.6
Agency Designated Representatives: Chief People Officer Lori Gentles
and Human Resources Manager Shawn Weiske.
Bargaining Units: Administrative Team Associates, California
Teamsters Local 911, Confidential Unrepresented Employees Pay
Plan, Executive Pay Plan, Municipal Employees Association,
Management Team Associates, Public Attorneys Legal Support Staff
Union, Public Attorneys Union, Santa Monica Fire Executive
Management Association, Santa Monica Firefighters Local 1109 IAFF,
Santa Monica Police Officers Association, Supervisory Team
Associates, International Association of Sheet Metal, Air, Rail, and
Transportation Workers, Transportation Division Local 1785
(SMART TD).
The City Attorney advised this matter was heard with no reportable action
taken.
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1.H. Conference with Legal Counsel – Existing Litigation –
Litigation has been initiated formally pursuant to Government Code
Section 54956.9(d)(1): Elizabeth Gadzimugometovas v. City of Santa
Monica, Los Angeles Superior Court, Case No. BC 693429.
The Interim City Attorney advised the Plaintiff filed a lawsuit alleging
injuries from a collision between her motorcycle and the Big Blue Bus.
The City disputes the allegations in the lawsuit, but to avoid the expense
and burden of further litigation, the City Attorney’s Office recommended
the City Council approve a settlement in the amount of $225,000.
Motion by Councilmember Jara, seconded by Councilmember Winterer, to
approve Settlement 11045 (CCS) in the amount of $225,000. The motion
was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SPECIAL AGENDA
ITEMS
2.A. City Manager's Report: Economic Recovery, was presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Councilmember Morena, seconded by Councilmember
Himmelrich, to approve removing Item 3.G. at the request from staff. The
motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Member of the public Denise Barton’s comment on various Consent
Calendar items were read into the record.
At the request of Councilmember Morena, Item 3.J and Councilmember
Jara, Item 3.C. were removed from the Consent Calendar.
Motion by Councilmember Morena, seconded by Councilmember Jara, to
approve the Consent Calendar except for Items 3.C and 3.J, reading
resolutions by title only and waiving further reading thereof.
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The motion was approved by the following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
DESIGN MASTER
SERVICES
AGREEMENTS
3.A. Award Proposal and Enter into Master Services Agreement
Nos. 11018 (CCS) through 11030 (CCS) for Architectural, Structural
Engineering and Mechanical, Electrical and Plumbing Design Service,
was approved.
Recommended Action
Staff recommends that the City Council:
1. Establish a pre-qualified list for various design services as part of
RFQ #SP2624 consisting of 27 consultants for the Public Works
Department;
2. Authorize the City Manager to negotiate and execute an agreement
with 13 consultants, in an amount not to exceed $1,000,000 for
three years, with two additional one-year renewal options in the
amount of $300,000 each, on the same terms and conditions, for a
total amount not to exceed $1,600,000 over a five-year period, with
future year funding contingent on Council budget approval. These
are on-call agreements and funding would be identified for
associated projects.
PROPERTY LEASING
AND MANAGEMENT
SERVICES
3.B. Approval of First Modification to Contract #10689 with
Aeroplex Group Partners, LLC for Property Leasing and
Management Services, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a first modification to agreement #10689 (CCS) in
the amount of $165,052 with Aeroplex Group Partners, LLC (“Aeroplex”)
to provide additional commercial real estate leasing, consulting and
property management services for the Santa Monica Airport, and modify
certain terms of the commission structure for the contract. This will result
in a two-year amended agreement in the amount of $800,007 expiring on
June 30, 2020 with three one-year renewal options in the amount of
$447,552 in FY 2020-2021, $453,187 in FY 2021-2022 and $458,999 in
FY 2022-2023 at the sole discretion of the City, with a new total amount
not to exceed $2,159,745 (including 10% contingency) with future year
funding contingent on Council budget approval.
STORMWATER BEST
MANAGEMENT
3.D. Award of Contractual Services Agreement No. 11032 (CCS) to
Apex Companies for Maintenance & Inspection of Stormwater Best
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PRACTICES Management Practices, was approved.
Recommended Action
Staff recommends that the City Council:
1. Award RFP# SP2622 to Apex Companies, LLC, a California-based
company, to provide inspection and maintenance services for the
City’s stormwater infrastructure;
2. Authorize the City Manager to negotiate and execute an agreement
with Apex Companies, LLC, in an amount not to exceed $977,733
(including a 15% contingency) for three years, with one renewal
option of up to two years;
3. Authorize the Director of Public Works to issue any necessary
change orders or modifications to complete additional work within
contract authority; and
4. Authorize budget changes as outlined in the Financial Impacts &
Budget Actions section of this report.
FLEET MANAGEMENT 3.E. Authorization of Fleet Management Sole Source Requests for
Proprietary Vehicle Parts and Service, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the Procurement Manager to issue a purchase order with
AMREP Manufacturing Company, LLC for equipment and parts for
AMREP refuse bodies for the Public Works Department. This
recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250 (b) and is for a total
amount not to exceed $304,051 with future year funding contingent
on Council budget approval.
2. Authorize the City Manager to negotiate and execute Agreement
No. 11033 (CCS) with Ray Gaskin Service for one year, with four
additional one-year renewal options on the same terms and
conditions, for a total amount not to exceed $468,394 over a five-
year period, for the purchase of parts and service for Scranton
Manufacturing (New Way) and Wayne Engineering (Curbtender)
equipment for the Public Works Department, with future year
funding contingent on Council budget approval. This
recommended award is made as an exception to the competitive
bidding process pursuant to Section 2.24.250(b).
3. Authorize the Procurement Manager to issue a purchase order with
Coastline Equipment Company for repair and maintenance parts for
John Deere construction equipment for the Public Works
Department. This recommended award is made as an exception to
the competitive bidding process pursuant to Section 2.24.250(b) and
is for a total amount not to exceed $250,000 with future year
funding contingent on Council budget approval.
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LEAP GRANT 3.F. Adoption of Resolution No. 11244 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AUTHORIZING APPLICATION FOR, AND RECEIPT OF,
LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM
FUNDS IN AN AMOUNT NOT TO EXCEED $300,000 AND
AUTHORIZING THE CITY MANAGER TO TAKE IMPLEMENTING
ACTIONS TO OBTAIN SUCH GRANT FUNDS”, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the application and
receipt of funding in the amount of $300,000 from the State of
California Department of Housing and Community
Development’s Local Early Action Planning (LEAP) grant
program.
2. Authorize the City Manager to execute all necessary documents
to apply for the grant, and if awarded, accept and administer the
grant, including any renewals.
3. Authorize the budget changes as outlined in the Financial
Impact and Budget Actions section of this report following
award of the grant funding.
HOUSING AUTHORITY 3.G. Adoption of Fiscal Year 2020-2025 Santa Monica Public
Housing Authority Plan, was pulled at request of staff.
Recommended Action
Staff recommends that the Housing Authority Board:
1. Adopt the FY2020-2025 Santa Monica Public Housing Authority
Plan (PHA Plan), which consists of a Five-Year Plan and Annual
Plan; and
2. Authorize the submission of the FY2020-2025 PHA Plan to the
United States Department of Housing and Urban Development
(HUD).
FAIR HOUSING PLAN 3.H. Approval of the Assessment of Fair Housing Plan to
affirmatively further Fair Housing, was approved.
Recommended Action
Staff recommends that the Council approve the attached Assessment of Fair
Housing Plan.
HOUSING 3.I. Approval of the Fiscal Year 2018-2019 Summary Report of
Multifamily Housing Production and Housing Trust Fund Financing,
was approved.
Recommended Action
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Staff recommends that the City Council receive and approve the Fiscal
Year 2018-2019 Summary Report of Multifamily Housing Production and
Housing Trust Fund Financing.
EMERGENCY MEDICAL
SERVICES
3.K. Approval of Professional Services Agreement No. 11034 (CCS)
with UCLA Santa Monica Hospital and Palm Drive Medical Group for
Emergency Medical Services for Arrestees, was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a five-year professional services agreement with the
UCLA Santa Monica Hospital and Palm Drive Medical Group, a
California-based company, to provide emergency room medical services to
arrestees. This recommended award is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(b) and is for a
total amount not to exceed $250,000 with future year funding contingent on
Council budget approval.
SOFTWARE
MAINTENANCE
3.L. Approval of Extension of Software Maintenance Contracts with
Trapeze, Inc., was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a fifth
modification to agreement #9508 (CCS) in the amount of $321,649
with Trapeze, Inc. to extend the warranty maintenance of the
Enterprise Asset Module (EAM) for tracking work orders,
warehouse inventory management, fueling controls, and
maintenance management functions through June 30, 2022, with
one additional option to renew through June 30, 2023. This would
result in an amended agreement with a new total amount not to
exceed $1,617,019, with future year funding contingent on Council
budget approval.
2. Authorize the City Manager to negotiate and execute a fourth
modification to agreement #8928 (CCS) in the amount of $514,107
with Trapeze, Inc. to extend the warranty maintenance of the Motor
Coach Operator Management System (OPS) and Planning and
Scheduling (BlockBuster and FX) software for two additional years
through June 30, 2022, with one additional option to renew through
June 30, 2023. This would result in an amended agreement with a
new total amount not to exceed $2,884,030, with future year
funding contingent on Council budget approval.
3. Authorize the City Manager to negotiate and execute a 12th
modification to agreement #8153 (CCS) in the amount of $433,212
with Trapeze, Inc. to extend the warranty maintenance of the
TransitMaster computer-aided dispatch/automated vehicle location
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(CAD/AVL) module. This 12th modification would extend warranty
maintenance of the TransitMaster system through June 30, 2022,
with one additional option to renew through June 30, 2023, and
would result in an amended agreement with a new total amount not
to exceed $6,081,448 with future year funding contingent on
Council budget approval.
MEDICAL SERVICES 3.M. Approve Renewal of Contract No. 11035 (CCS) with Vital
Medical Services to provide in-house Medical Services to Arrestees,
was approved.
Recommended Action
Staff recommends that the City Council authorize the City Manager to
negotiate and execute a five-year professional services agreement with
Vital Medical Services, LLC to provide in-house medical services to
arrestees. This recommended award is made as an exception to the
competitive bidding process pursuant to Section 2.24.250(b) and is for a
total amount not to exceed $2,052,000 with future year funding contingent
on Council budget approval.
POLICE DEPARTMENT 3.N. Approval of Modification to Purchase Order with ProForce
Law Enforcement for Bulletproof Vests, was approved.
Recommended Action
Staff recommends that the City Council authorize the Procurement
Manager to issue a change order to purchase order number 22000736 in the
amount of $31,458 with ProForce Law Enforcement for bulletproof vests
for law enforcement for the Police Department. This would result in a
revised purchase order total not to exceed $281,458, with future year
funding contingent on Council budget approval.
CITY MANAGER 3.O. Agreement No. 11036 (CCS) for Separation of Rick Cole from
City Employment – recommendation that the City Council approve the
agreement with Rick Cole for his separation from his position as City
Manager, was approved.
Recommended Action
Staff recommends that Council:
(1) approve the agreement with Rick Cole for his separation from his
position as City Manager; and,
(2) authorize the Mayor to sign the separation agreement on behalf of
the City.
CITY MANAGER 3.P. Agreement No. 11037 b(CCS) for Service as Interim City
Manager -- recommendation that the City Council approve the
agreement with Lane Dilg for her services as Interim City Manager,
was approved.
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Recommended Action
Staff recommends that Council:
(1) approve the agreement with Lane Dilg for her services as Interim
City Manager; and,
(2) authorize the Mayor to sign the agreement on behalf of the City.
COUNCIL RULES 3.Q. Resolution No. 11245 (CCS) entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE RULES OF ORDER AND PROCEDURE FOR
THE CONDUCT OF CITY COUNCIL MEETINGS”, was adopted.
Recommended Action
Staff recommends that Council adopt the attached resolution to temporarily
amend City Council Rule of Order and Procedure 15 regarding public
comment to expand the time period for receiving written comments and
reflect new procedures that will permit oral public comment during Council
meetings conducted via teleconferencing.
PARKING SERVICES 3.C. Award Request for Proposal and Enter into Agreement No.
11031 (CCS) with Conduent State and Local Solutions, Inc. for
Parking Permits and Citation Services, was presented.
Recommended Action
Staff recommends that City Council:
1. Award RFP #199 to Conduent State and Local Solutions, Inc., a
New York based company, for the integrated parking permitting
and citations payment solutions services for the Planning and
Community Development Department;
2. Authorize the City Manager to negotiate and execute an agreement
with Conduent State and Local Solutions, Inc. in an estimated
amount of $7.2 million for five years, with two additional two year
renewal options in the estimated amount of $6.2 million on the
same terms and conditions, for a total estimated amount of $13.4
million over a nine year period, with future funding contingent on
Council budget approval;
3. Authorize the Director of Planning and Community Development to
issue any necessary change orders to complete additional work
within contract authority.
Councilmember Jara pulled this item to request more information on who is
this agency, what is the purpose of using this agency, and who is doing the
service now.
Motion by Councilmember Jara, seconded by Councilmember Morena, to
approve the recommended action. The motion was approved by the
following vote:
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AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
EXPLORATORY WELLS 3.J. Approval of First Modification to Agreement No. 10946 CCS
with Yellow Jacket Drilling Services, LLC for the Construction of Two
Exploratory Wells, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a first
modification to agreement #10946 (CCS) in the amount of
$211,448 with Yellow Jacket Drilling Services, LLC to increase
the construction depth of two exploratory groundwater wells for
the Public Works Department. This will result in an amended
agreement with a new total amount not to exceed $2,911,653.
2. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
Councilmember Morena pulled this item to ask questions of staff about the
CIP for this project, and what are the plans for the SWIP in 2021, and how
this connects to that project.
Motion by Councilmember Morena, seconded by Mayor McKeown, to
approve the recommended action. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ORDINANCES:
BUILDING STANDARDS
7.A. Adoption and Second Reading of Ordinance No. 2634 (CCS)
entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLE VIII OF THE SANTA
MONICA MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS
TO THE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE
RELATING TO ELECTRIC VEHICLE PARKING REQUIREMENTS
FOR NEWLY CONSTRUCTED BUILDINGS”, was presented.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Councilmember Himmelrich, seconded by Councilmember
Morena, to adopt Ordinance No. 2634 (CCS), reading by title only and
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waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
BUILDING CODE 7.B. Introduction and First Reading of an Ordinance and Adoption
of Resolution No. 11246 (CCS) entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS REGARDING LOCAL CLIMATIC, GEOLOGICAL, AND
TOPOGRAPHICAL CONDITIONS PURSUANT TO HEALTH AND
SAFETY CODE SECTIONS 17958.5, 17958.7 and 18941.5”, was
presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the Resolution No. making findings of local climatic,
geological and topographical conditions, as required by the
California Health & Safety Code, to adopt local amendments to the
California Building Standards Code.
2. Introduce for first reading the attached ordinance to amend SMMC
Section 8.08.050 to adopt the 2019 California Building Standards
Code standard to exempt freestanding walls seven feet or less in
height from requiring a building permit, and adopt a local
amendment to the 2019 California Building Standards Code to
exempt concrete or masonry walls from requiring a building permit
only if they are four feet in height or less.
3. Instruct staff to file the adopted resolution and ordinance with the
California Building Standards Commission following the second
reading of the ordinance.
There was no public comment on this item.
Motion by Councilmember Himmelrich, seconded by Councilmember Jara,
to adopt Resolution No. 11246 (CCS), and introduce and hold first reading
of the ordinance reading by title only and waiving further reading thereof,
and, file the adopted resolution and ordinance with the California Building
Standards Commission following the second reading of the ordinance. The
motion was approved by the following vote:
AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
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PUBLIC INPUT: There was no public comment on various local issues.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:50 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Kevin McKeown
City Clerk Mayor
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